Leggett v. Sellon
New York Court of Chancery
This was a demurrer to a bill of revivor and supplement, filed against the infant heirs of John Sellon, deceased, and against the other defendants in the original suit. The object of the original bill was to compel a specific performance of an agreement between the complainant and John Sellon relative to a small piece of land in the city of New-York.
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This was a demurrer to a bill of revivor and supplement, filed against the infant heirs of John Sellon, deceased, and against the other defendants in the original suit. The object of the original bill was to compel a specific performance of an agreement between the complainant and John Sellon relative to a small piece of land in the city of New-York. The bill that at the time of the agreement, Sellon was the owner of the premises, although the legal title was in the defendant Walton, as his trustee. It was also alleged in the bill that previous to the filing of the same, Walton conveyed the…
1Opinion of the Court
The Chancellor.
I cannot discover that the children of John Sellon have any interest whatever in this controversy. If the allegations in the bill are true, and for the purposes of deciding this question they must be presumed to be true, had parted with all his legal and equitable interest in the premises in controversy before the commencement of the suit. The only object, therefore, of mating him a party was to a discovery, and personal relief against himself in case *85the agreement could not be specifically performed. The controversy, so far as it affected the right to the land, was between the…
2Cited by3 opinions
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