Legal Opinion

Childs v. Clark

New York Court of Chancery

Decided February 21, 1848PublishedCited by 23 opinions

This was an appeal from a decretal cider of the vice chancellor of the eighth circuit, overruling the several demurrers of the appellants to the complainant’s bill.

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This was an appeal from a decretal cider of the vice chancellor of the eighth circuit, overruling the several demurrers of the appellants to the complainant’s bill. The facts of the case, as stated in the bill, were substantially as follows : On the first of November, 1831, Qshea Wilder and his wife held certain lands in the county of Monroe, in trust for the benefit of Mrs. Wilder, and their children, under the will of S. Shaw, deceased ; but the nature of the trust, the powers of the trustees, and the time when the trust was created, or when it was to determine, were not stated in the bill.…

1Opinion of the Court

The Chancellor.

At the time of the conveyance of the premises, from the lessors, to Campbell, in July, 1836, the complainant was not only the assignee of the rent for seven, years from the first of April, 1833, but of all the right and claim of the lessors to any benefit under the lease for the same period of time. It was therefore an assignment of an interest in the land itself as well as in the rent, so far as an interest in the land was necessary to give the assignee all the rights of the original lessors for the recovery of the rent, either by action or distress. And it is settled, both in…

2Cases cited1 opinion

  1. Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830

3Cited by23 opinions

  1. Gillette Bros. v. Aristocrat Restaurant, Inc.New York Court of Appeals · 1924
  2. Van Rensselaer v. . HaysNew York Court of Appeals · 1859
  3. Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
  4. Walton v. . StaffordNew York Court of Appeals · 1900
  5. Frank v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1890

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