Legal Opinion

Jamison v. Craven

Court of Chancery of Delaware

Decided February 15, 1872PublishedCited by 12 opinions

Bill in Equity to set aside a Deed.—This bill is filed to set aside a deed, dated August 18, 1847, purporting to have been executed by Mary Houston, deceased, to Thomas Jamison, deceased, under which Jamison held possession at his decease. The defendants now hold as his devisees. The complainants claim under the will of George Houston deceased.

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Bill in Equity to set aside a Deed.—This bill is filed to set aside a deed, dated August 18, 1847, purporting to have been executed by Mary Houston, deceased, to Thomas Jamison, deceased, under which Jamison held possession at his decease. The defendants now hold as his devisees. The complainants claim under the will of George Houston deceased. By this will, the farm in controversy was devised to Mary Houston in fee simple, with a provision that, if she should die without having sold and conveyed it in her lifetime, or devised it by will, then it should go over to the three children of James…

1Opinion of the Court

The Chancellor:

The exceptions to the 15th and 18th interrogatories are overruled because those interogatories, excepted to as being leading, are not subject to that objection. The other interrogatories excepted to as leading, viz : the 12th, 13th, 14th, 17th, 21st, 22d,.and 23d, are leading, and in their present form, must be overruled but the inquiries which in those interrogatories are leading, relate to subjects upon which leading questions are admissible if properly framed, and therefore, leave will be given to reform these interrogatories in accordance with' the views hereinafter…

2Cases cited10 opinions

  1. Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
  2. Scrugham v. WoodNew York Supreme Court · 1836
  3. Malcom v. RogersNew York Supreme Court · 1823
  4. Jackson ex dem. M'Crea v. DunlapNew York Supreme Court · 1799
  5. Jackson ex dem. Hopkins v. LeekNew York Supreme Court · 1834

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3Cited by12 opinions

  1. Valter v. BlavkaIllinois Supreme Court · 1902
  2. James v. JamesCourt of Chancery of Delaware · 1927
  3. King v. Antrim Lumber Co.Supreme Court of Oklahoma · 1917
  4. Downs v. CaspersonCourt of Chancery of Delaware · 1934
  5. Pappas v. VenetsanosCourt of Chancery of Delaware · 1933

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