Souillard v. Dias
New York Court of Chancery
This case came before the court upon a general demurrer to a bill of revivor. The bill was filed by the respective executors of James Gaze and of John Richaud, deceased, to revive a suit originally commenced against Gaze and Richaud, by Dias the present defendant.
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This case came before the court upon a general demurrer to a bill of revivor. The bill was filed by the respective executors of James Gaze and of John Richaud, deceased, to revive a suit originally commenced against Gaze and Richaud, by Dias the present defendant. The object of the original bill was to redeem a lot of land in Pearl-street, in New-York, which had been conveyed by Dias to Gaze and Richaud, by a deed absolute on its face, but which deed, as the bill alleged, was merely received by them as security for the payment of a debt of $15,000. And the bill prayed a reconveyance of the…
1Opinion of the Court
The Chancellor.
The objection is well taken that the bill does not show any right in these defendants to revive the suit. It is not necessary here to discuss the question as to what may be the effect of the offers made in the answers of the defendants, in the original suit, to permit the complainant to redeem. The bill does not show that the legal title in the premises was devised to these complainants. If this was a case, therefore, in which the personal representatives of the deceased defendants had a right to revive, for the purpose of receiving back from Dias the $15,000 and interest, the…
2Cited by3 opinions
- Lyon v. . ParkNew York Court of Appeals · 1888
- Livermore v. BainbridgeNew York Supreme Court · 1872
- Republic of Peru v. ReevesThe Superior Court of New York City · 1876