Armour v. Alexander
New York Court of Chancery
This was an appeal by the defendant from a decree of the vice chancellor of the fifth circuit. James Alexander, the brother of the defendant, owned or claimed to own the pre-emptive right, under the act of March, 1823, to lot No. 7, and to ten acres of lot No. 9 in the New Stockbridge West Hill tract, and the defendant owned the pre-emptive right to the residue of lot No. 9. And with the knowledge and consent of the defendant, James Alexander sold to the complainant his…
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This was an appeal by the defendant from a decree of the vice chancellor of the fifth circuit. James Alexander, the brother of the defendant, owned or claimed to own the pre-emptive right, under the act of March, 1823, to lot No. 7, and to ten acres of lot No. 9 in the New Stockbridge West Hill tract, and the defendant owned the pre-emptive right to the residue of lot No. 9. And with the knowledge and consent of the defendant, James Alexander sold to the complainant his interest in No. 7 and the ten acres of No. 9. The first lot the complainant paid for, and obtained the title thereto from…
1Opinion of the Court
The Chancellor.
I have no doubt the decision of the vice chancellor was right in this case, upon the settled principles of equity. It is true, that as between the people of the state and these settlers upon Indian lands, the settlers had no legal rights, or any other rights except such as depended upon the good will of the legislature. Still, as between themselves, the good will of the state to give to *573actual settlers the benefit of their improvements, and the preemptive right of purchase, the exercise of which good will was a matter of frequent occurrence, was a fair subject of contract…
2Cited by5 opinions
- Robinson v. . JewettNew York Court of Appeals · 1889
- Hasbrook v. PaddockNew York Supreme Court · 1847
- Hackett v. PattersonNew York Court of Common Pleas · 1891
- Towle v. PalmerThe Superior Court of New York City · 1863
- Barber v. Connecticut Mutual Life Ins.District Court, N.D. New York · 1883