Livingston v. Peru Iron Co.
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The appellant, Anthony R. Livingston, filed his bill in chancery, in which, after stating that in 1811, his father, John Livingston, made an arrangement with him, two of his brothers, and his only sister, to convey to them in fee simple, in severalty, parcels of his real estate for their respective portions of the same, and that in pursuance of such arrangement, and for the purpose of carrying the same into effect, his father, on the 1st January, 1820,…
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Appeal from chancery. The appellant, Anthony R. Livingston, filed his bill in chancery, in which, after stating that in 1811, his father, John Livingston, made an arrangement with him, two of his brothers, and his only sister, to convey to them in fee simple, in severalty, parcels of his real estate for their respective portions of the same, and that in pursuance of such arrangement, and for the purpose of carrying the same into effect, his father, on the 1st January, 1820, in consideration of nataral bve and affection towards him, and of one dollar acknowledged to have been paid to him by…
1Opinion of the Court
The following opinions were delivered:
By Chief Justice Savage.
The chancellor decided that the fraud in obtaining the deed was sufficient to avoid it, but that the complainant was not in a situation to take advantage of it, as his own deed was void, it being executed when Murray and Palmer were in possession, holding adversely. The latter point in the decision of the chancellor presents the only question now before the court.
I consider the principle too well settled, to admit at this day of an argument, that a deed executed by the true owner, while there is a person in possession of the…
2Cases cited1 opinion
- Lane v. ShearsNew York Supreme Court · 1828
3Cited by43 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Sands v. . HughesNew York Court of Appeals · 1873
- Schrimpscher v. StocktonSupreme Court of the United States · 1902
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