Killen v. Purdy
Court of Chancery of Delaware
Bill to Set Aside a Conveyance. The complainants, John W. Killen and his wife, by the bill allege that Mr. Killen, •owning a farm of about three hundred acres with a mill and mill pond thereon, on March 1, 1913, leased in writing to one of the defendants, William B. Purdy, and others, for ninety-nine years, all the water rights and the exclusive right to fish in the pond, the annual rent being one dollar.
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Bill to Set Aside a Conveyance. The complainants, John W. Killen and his wife, by the bill allege that Mr. Killen, •owning a farm of about three hundred acres with a mill and mill pond thereon, on March 1, 1913, leased in writing to one of the defendants, William B. Purdy, and others, for ninety-nine years, all the water rights and the exclusive right to fish in the pond, the annual rent being one dollar. At the same time by another written agreement, the lessees leased to Mr. Killen for ninety-nine years all the water required to run the mill, the annual rent being one dollar. On March 8,…
1Opinion of the Court
The Chancellor.
A large volume of testimony was produced on both sides of this cause; and it is contradictory and conflicting. The objects of the bill are to have cancelled and *70annulled a deed, which on its face was duly executed and acknowledged by the grantors and subsequently recorded, and also a written agreement between the parties also purporting to be duly signed by all parties thereto, and the further prayer is for a perpetual injunction to prevent the defendants from acting upon, or fenforcing, the contract. The objection to the deed is in effect, that it is a forgery, and to the…
2Cases cited2 opinions
- Jamison v. CravenCourt of Chancery of Delaware · 1872
- Maclary v. ReznorCourt of Chancery of Delaware · 1870
3Cited by3 opinions
- Diver v. MillerSuperior Court of Delaware · 1929
- Saunders v. SaundersSupreme Court of Delaware · 1950
- O'Donnell v. O'Donnell GallagherCourt of Chancery of Delaware · 1920