Potter v. Chapin
New York Court of Chancery
This case came before the chancellor upon appeal from the final decree of the vice chancellor of the eighth circuit, made between the defendants in an interpleading suit. The bill was filed against three different classes of claimants of the fund in the complainant’s hands.
Read the full summary
This case came before the chancellor upon appeal from the final decree of the vice chancellor of the eighth circuit, made between the defendants in an interpleading suit. The bill was filed against three different classes of claimants of the fund in the complainant’s hands. The origin of the fund and the facts upon which the rights of the several parties depended were as follows : About the year 1806, and pfe» vious to the passage of any law for the regular organization of common school districts in this state, the defendants Cha» pin and Wells and several others, who were inhabitants of that…
1Opinion of the Court
The following is the opinion delivered by the vice chancellor at the time of making the decree appealed from:
A. Gardner, V. C.
The first point made by the school districts is that the acts of the original builders of the school house mentioned in the pleadings amounted to a dedication of the same to the public. The dedication of property to the public must depend, like every other grant, upon the intent of the parties. The nature of the property itself, the situation of the country, the acts and declarations of the owner, the unmolested enjoyment of the public of the property, are all proper…
2Cases cited3 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Denning v. RoomeNew York Supreme Court · 1831
- Jackson ex dem. Houseman v. HartNew York Supreme Court · 1815
3Cited by34 opinions
- Holmes v. . MeadNew York Court of Appeals · 1873
- Carter v. Balfour's Adm'rSupreme Court of Alabama · 1851
- County Court v. GriswoldSupreme Court of Missouri · 1874
- Betts v. BettsNew York Supreme Court · 1878
- Williams v. PearsonSupreme Court of Alabama · 1862
29 more not listed; retrieve them via the Exa API.