Viers v. Montgomery
Supreme Court of the United States
Error to the District Court of Kentucky, in a suit in chancery, brought originally by Montgomery against W. M. Viers and Patsy, his wife, late Patsy Henly, to compel the latter to convey to the former the legal estate in certain lands in Kentucky, which one Ebenezer Brooks, since deceased, conveyed, by deeds dated the 10th of November 1791, to the defendant’s wife, while a widow, and which Brooks, by his last will, devised to the complainant Montgomery.
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Error to the District Court of Kentucky, in a suit in chancery, brought originally by Montgomery against W. M. Viers and Patsy, his wife, late Patsy Henly, to compel the latter to convey to the former the legal estate in certain lands in Kentucky, which one Ebenezer Brooks, since deceased, conveyed, by deeds dated the 10th of November 1791, to the defendant’s wife, while a widow, and which Brooks, by his last will, devised to the complainant Montgomery. The bill charged that the only consideration of the deeds from Brooks to Patsy Henly was, that she should “ take him as her husband,” which…
1Opinion of the Court
The facts found by the jury were, that the defendant Patsy, by her conduct to the deceased, induced him to suppose that she would marry him, and that this encouragement or inducement was the only consideration she gave for the land, except his boarding; but that she never made him any promise-of marriage. That he had urged her to accept the land, before she agreed to take it, and had declared to her, that he did not expect to receive any consideration from her, but wished her to accept it as a gift; and that, at. the time he executed the deeds, he declared, he did not expect that she would…
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