Harding v. Wheaton
U.S. Circuit Court for the District of Rhode Island
This was a bill in equity brought by [Stephen Harding and another] two of the heirs at law of Comfort Wheaton, deceased, which charged, that on the 9th of May, 1805, Comfort Wheaton was seized of certain real estate in Providence; that he was then infirm and weak, both in body and mind, being very old, viz. seventy-five years of age, and having been severely affected by a stroke of the palsy, which destroyed the soundness of his understanding; that he was conducting himself…
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This was a bill in equity brought by [Stephen Harding and another] two of the heirs at law of Comfort Wheaton, deceased, which charged, that on the 9th of May, 1805, Comfort Wheaton was seized of certain real estate in Providence; that he was then infirm and weak, both in body and mind, being very old, viz. seventy-five years of age, and having been severely affected by a stroke of the palsy, which destroyed the soundness of his understanding; that he was conducting himself in such a manner, that his children and- friends were seriously apprehensive, that he would waste his estate, and…
1Opinion of the Court
STORY, Circuit Justice.
This cause has been argued with great care and ability, and it would have been satisfactory to the court, if equal attention had been bestowed on the preliminary proceedings. The bill contains unnecessary amplifications and minute details, apparently inserted to give a complexion to the cause, but in no respect essential to a complete exposition of the case propounded by the plaintiffs for relief; and it wants that brevity, accuracy, and neatness of statement, which are so commendable in all chancery pleadings.. The answer is still more faulty, dealing in matter…
2Cited by16 opinions
- Fishburne & Wife v. Ferguson's HeirsSupreme Court of Virginia · 1887
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- York v. Georgia-Pacific Corp.District Court, N.D. Mississippi · 1984
- Moore v. MooreCalifornia Supreme Court · 1880
- Shevlin v. ShevlinSupreme Court of Minnesota · 1905
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