La Grange v. L'Amoureux
New York Court of Chancery
The bill in this case stated that J. Holmes, of Albany, died in 1832, leaving his daughter, one of the complainants, and eight other children surviving him, who were entitled to the real estate of which he died seized; that at the time of his death he owned in fee certain lots in the city of Albany, described in the bill, which were then subject to a mortgage to the commissioners of loans of the county of Albany; that the mortgage was subsequently foreclosed and the premises…
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The bill in this case stated that J. Holmes, of Albany, died in 1832, leaving his daughter, one of the complainants, and eight other children surviving him, who were entitled to the real estate of which he died seized; that at the time of his death he owned in fee certain lots in the city of Albany, described in the bill, which were then subject to a mortgage to the commissioners of loans of the county of Albany; that the mortgage was subsequently foreclosed and the premises were bid in by and conveyed to Jesse Buel, who afterwards conveyed two of those lots nominally to the defendant…
1Opinion of the Court
The Chancellor.
No one can read the deed in this case, in connection with the facts stated in the bill, without coming to the conclusion that it was the intention of Mr. Buel, the grantor, to convey the premises to L’Amoureux as the mere naked trustee for the heirs at law of J. Holmes, who were equitably entitled to them while in the hands of Buel. And if the deed had been executed, and this bill filed, previous to the revised statutes, it would have been a matter of course to decree a conveyance to the cestui que trusts, according to their respective equitable interests in the premises. The…
2Cited by6 opinions
- Wendt v. . WalshNew York Court of Appeals · 1900
- Ready v. KearsleyMichigan Supreme Court · 1866
- Tayloe v. GouldNew York Supreme Court · 1851
- Jarvis v. BabcockNew York Supreme Court · 1849
- Werner v. WheelerAppellate Division of the Supreme Court of the State of New York · 1911
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