Harding v. Wheaton
Supreme Court of the United States
THESE were cross appeals from the decrees of the Circuit Court of Rhode Island. The bill filed in the Court below by the appellants, Harding, and Nancy his wife, and Sterling Wheaton, alleged, that they, with four others not made parties to the suit, together with Caleb Wheaton, one of the defendants, were entitled, as heirs at law of Comfort Wheaton, deceased, to the real property mentioned in the bill, and situ» ate in the State of Rhode island.
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THESE were cross appeals from the decrees of the Circuit Court of Rhode Island. The bill filed in the Court below by the appellants, Harding, and Nancy his wife, and Sterling Wheaton, alleged, that they, with four others not made parties to the suit, together with Caleb Wheaton, one of the defendants, were entitled, as heirs at law of Comfort Wheaton, deceased, to the real property mentioned in the bill, and situ» ate in the State of Rhode island. That Comfort W., about the year 1802, began to exhibit symptoms indicating a loss of intellect, and soon became, from various causes mentioned in…
1Opinion of the CourtChief Justice Marshall
The. counsel for Asa Handy contend, that the bill seeks to set up a parol trust, which is denied in the answer, and that the decree is founded on a supposed incompctency of Comfort Wheaton to convey his property. The decree, therefore, is not supported by the allegations of the bill.
They, also, contend, that the decree is not sustained by the proofs in the cause.
Decree according to the allegata as will as probata. Fact of the incompetency of comfort W. sufficiently alleged to put it distinctly in issue.
That the bill alleges the conveyances of the 9th of May to have been received for the…
2Cited by125 opinions
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- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1902
- Allore v. JewellSupreme Court of the United States · 1877
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