Kimberly v. Sells
New York Court of Chancery
BILL stated, that John Bedient and Walter Hubbel, who were partners in trade, owned lofs 38, 39, and in Gold Street, in the city of New-York. That" W< ÍL died on the 12th of September, 1803, intestate, seised of a moiety of these lots, leaving a widow and two sons, (defendants.) That under proceedings in partition in the Supreme Court, under the act relative to partition, the lots were sold at auction, on the 30th of Jlugust, 1804,- and John Bedient became the purchaser.
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BILL stated, that John Bedient and Walter Hubbel, who were partners in trade, owned lofs 38, 39, and in Gold Street, in the city of New-York. That" W< ÍL died on the 12th of September, 1803, intestate, seised of a moiety of these lots, leaving a widow and two sons, (defendants.) That under proceedings in partition in the Supreme Court, under the act relative to partition, the lots were sold at auction, on the 30th of Jlugust, 1804,- and John Bedient became the purchaser. That J. B. who sued for the partition, as tenant in common of a moiety,stated in his petition, that the widow had her…
1Opinion of the Court
The Chancellor.
The demurrer in this case is general, and goes to the whole bill. If the plaintiff be entitled, either to the discovery or the relief, then the demurrer, by going to the whole bill, must be overruled, for if void in part, it is void in tbto. The doctrine on this point was settled in the Court of Errors, in 1798 and 1799. (Le Roy v. Veeder, 1 Johns. Cas. 423. Laight v. Morgan, 1 Johns. Cas. 429.)
The plaintiff claims and possesses certain houses and lots, as a bona ficle purchaser and mortgagee for a valuable 'consideration,,without notice or suspicion of any defect of title, and…
2Cases cited1 opinion
- Laight v. MorganCourt for the Trial of Impeachments and Correction of Errors · 1798
3Cited by6 opinions
- Cargill & Dennis v. Kountze Bros.Texas Supreme Court · 1894
- Glenney v. StedwellNew York Court of Appeals · 1876
- Bowdish v. MetzgerSupreme Court of Kansas · 1905
- Currier v. Concord RailroadSupreme Court of New Hampshire · 1869
- Cargill & Dennis v. Kountze Bros.Texas Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.