Peckham and Wife v. Barker and Others
Supreme Court of Rhode Island
This Bill in Equity is brought by William Peckham and Ann, his wife, for themselves and such of the presumptive heirs of Cyrus Barker as may become parties to it, against Joseph A. Barker and Cyrus Barker.
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This Bill in Equity is brought by William Peckham and Ann, his wife, for themselves and such of the presumptive heirs of Cyrus Barker as may become parties to it, against Joseph A. Barker and Cyrus Barker. One purpose of the bill is, to set aside certain deeds, claimed to have been fraudulently procured by the defendants, of the plaintiffs, with a view of divesting and defrauding the plaintiffs of their interest in a certain farm in Newport, commonly called the Paradise Farm, which is the subject of this suit. The main purpose of the bill, however, is to enforce the specific performance of a…
1Opinion of the CourtBullock, J.
The plaintiffs move to amend their bill, by adding on the third page, after the words, “ entered upon the possession of the said premises,” the following: **saving and reserving therefrom, for the use of the said Cyrus Barker, the east small garden on said farm ”; and also, on the fourth page of the bill, after the words, “ an annual rent of $100,” to add : •“ And the complainants aver, that after the said contract was made, and after the said William Peckbam had entered upon the possession of the premises under the said contract as aforesaid, and had made the improvements thereon, as herein…
2Cited by2 opinions
- Chamberland v. GoldbergSupreme Court of Rhode Island · 1959
- Matarese v. MatareseSupreme Court of Rhode Island · 1954