Bates v. Delavan
New York Court of Chancery
The facts in this case, as they appeared from the pleadings and documentary evidence, were- as follows : In July,. 1824, W. G. Hooker and D. James, as the guardians of the-minor heirs of L.- Case, deceased, and by virtue of a supposed authority derived from an order of the supreme court of Vermont, executed to the defendant, Delavan, a conveyance of all the right and title of such minor heirs to certain premises-in Middlebury.
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The facts in this case, as they appeared from the pleadings and documentary evidence, were- as follows : In July,. 1824, W. G. Hooker and D. James, as the guardians of the-minor heirs of L.- Case, deceased, and by virtue of a supposed authority derived from an order of the supreme court of Vermont, executed to the defendant, Delavan, a conveyance of all the right and title of such minor heirs to certain premises-in Middlebury. In August, 1825, the defendant contracted-with Bates, the complainant, to convey to him the defendant’s title to- these premises, for $2250; of which sum $750; was to…
1Opinion of the Court
The Chancellor.
The allegations in the bill as to the giving up the possession of the premises, after the judgment of the supreme court of Vermont in the ejectment suit, and as to the alleged repairs ofiset against mesne profits, are not admitted by the answer, or proved; they must, therefore, be laid out of question in the decision of this cause. Some of the allegations in the answer, not responsive to the bill, must also be rejected for wapt of proof. The objection to the decree of the circuit court of the United States, that it is interlocutory merely, and-not final, is not sustained by the…
2Cases cited3 opinions
- Kilburn v. WoodworthNew York Supreme Court · 1809
- Hoxie v. WrightSupreme Court of Vermont · 1828
- Winans v. DunhamNew York Supreme Court · 1830
3Cited by20 opinions
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Board of Public Works v. Columbia CollegeSupreme Court of the United States · 1873
- Kidd v. DennisonNew York Supreme Court · 1849
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Fort v. BurchNew York Supreme Court · 1849
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