Padgett v. Lawrence
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the sixth circuit. The object of the complainant’s bill was to obtain a decree restraining the defendants, Lawrence & Keese, from proceeding in a suit at law to recover a lot of land in Chenango county called the Carson lot, and to quiet the complainant’s title to the premises.
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This was an appeal from a decree of the vice chancellor of the sixth circuit. The object of the complainant’s bill was to obtain a decree restraining the defendants, Lawrence & Keese, from proceeding in a suit at law to recover a lot of land in Chenango county called the Carson lot, and to quiet the complainant’s title to the premises. The land in question originally belonged to P. Livingston, who, by his agent, J. Morris, in December, 1809, contracted to sell it to J. Walker for $400 ; forty dollars of the purchase money to be paid down, and the residue to he paid in six years with the…
1Opinion of the Court
The Chancellor.
If the vice chancellor was right in the conclusion at which he arrived in the first branch of the decree in this case, that the complainant was the nominal grantee in the deed from the executors of Livingston, and that the legal title did not pass to the father of the complainant subject to a trust resulting by implication of law, the,bill should have been dismissed. For in that case the complainant had a perfect defence to the suit at law which had been brought against him by Lawrence and Keese ; and he had no right to come into this court, for an injunction, to deprive them…
2Cases cited2 opinions
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Kincaid v. HoweMassachusetts Supreme Judicial Court · 1813
3Cited by54 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- McKamey v. ThorpTexas Supreme Court · 1884
- People v. CookNew York Supreme Court · 1852
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Wells v. MorrowSupreme Court of Alabama · 1861
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