Legal Opinion
Banta v. Board of Trustees
New Jersey Court of Chancery
Decided October 15, 1884PublishedCited by 2 opinions
Bill for specific performance. On final hearing on pleadings and statement of facts agreed upon by counsel.
1Opinion of the Court
'The Chancellor.
This suit is brought by William S. Banta and Joshua A. Clark, executors &c. of Maria Berry, deceased, and William S. Banta, individually, to compel performance by the defendants of an agreement for the sale of land in Hudson county, which they purchased of the complainants, through their agent, on the 23d of May, 1884. The defence is, that the complainants have no legal title to the land, and that if they have such title, it is bad in equity, because, as the defendants allege, they, being trustees, purchased the trust property at their own sale thereof.
The title to the…
2Cases cited2 opinions
- Darlington v. SpeakmanSupreme Court of Pennsylvania · 1844
- Hughes v. Wilkinson's LesseeMississippi Supreme Court · 1859
3Cited by2 opinions
- Springgarden B. L. Assn. v. FusaroNew Jersey Court of Chancery · 1938
- Wilkes v. BrennanNew Jersey Court of Chancery · 1947