Akely v. Akely
Supreme Court of Vermont
Appeal from the court of chancery. The bill stated that the orator had contracted to support the defendant during his natural life; and that the defendant at the same time executed to the orator deeds of certain lands, — among which was a deed of fifty acres of land, on which the defendant then resided, to which deed was appended a condition that the orator was not in any way or manner to come into possession of the said fifty acres, until after the decease of the defendant;…
Read the full summary
Appeal from the court of chancery. The bill stated that the orator had contracted to support the defendant during his natural life; and that the defendant at the same time executed to the orator deeds of certain lands, — among which was a deed of fifty acres of land, on which the defendant then resided, to which deed was appended a condition that the orator was not in any way or manner to come into possession of the said fifty acres, until after the decease of the defendant; but the bill stated that the condition was inserted for the purpose, merely, of gratifying the defendant, and that his…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In regard to many points, insisted upon in argument on the part of the defendant, we have not felt much doubt.
1. We have no doubt that the submission of all matters of difference between the parties was intended to include the disposition of the title to this very land. 2. We believe that question was litigated before the arbitrators. 3. We have no doubt the award refers to this land, and no other.
2. There is no doubt, that, according to the practice of the courts of chancery, the disposition of all bill's for the specific performance of…
2Cases cited4 opinions
- Shelton v. AlcoxSupreme Court of Connecticut · 1836
- Sellick & Sellick v. AddamsNew York Supreme Court · 1818
- McNeil v. MageeU.S. Circuit Court for the District of Massachusetts · 1829
- Carey v. WilcoxSuperior Court of New Hampshire · 1833
3Cited by3 opinions
- Perkins v. . GilesNew York Court of Appeals · 1872
- Bush v. DavisMichigan Supreme Court · 1876
- Batchelder Brown v. Reynolds Admx.Supreme Court of Vermont · 1935