Hennessy v. Bacon
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. In equity. The case, as stated by the court, ivas as follows: It was adjudged below, 35 Fed. Rep. 171, that the- appellees Bacon and Rogers each owned in fee an undivided one-fourth, and the appellant Hennessy an undivided one-half, of certain lands in Washington County, Minnesota, and that partition thereof be made between them upon that basis.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. In equity. The case, as stated by the court, ivas as follows: It was adjudged below, 35 Fed. Rep. 171, that the- appellees Bacon and Rogers each owned in fee an undivided one-fourth, and the appellant Hennessy an undivided one-half, of certain lands in Washington County, Minnesota, and that partition thereof be made between them upon that basis. Of this decree the appellant complains, his contention being that he holds the legal title to an undivided half of the lands and that the appellees should be required to…
1Opinion of the CourtJustice Harlan
It may be assumed, for the purposes of the present case, that upon the tender to Chittenden’s agent, on the 27th of June, 1882,.of the full amount Bacon had agreed to pay for the lands in controversy,- Hennessy, as the assignee of Bacon, became entitled to a sufficient deed of general warranty from Chittenden; and that the conveyance from Chittenden to Eogers was so far in derogation of Hennessy’s rights as such assignee, that a court of equity, in view of the relations between Bacon and Hennessy and of the knowledge Eogers had of the written agreement between them, would have compelled…
2Cases cited1 opinion
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