Daniel v. Mitchell
U.S. Circuit Court for the District of Maine
Bill in equity [by Otis Daniel against William C. Mitchell and others] to rescind a contract for the purchase and sale of timber-lands in the state of Maine, to set aside the conveyance thereof, to recover back the consideration paid in money, and to have the notes given for the balance delivered up.
Read the full summary
Bill in equity [by Otis Daniel against William C. Mitchell and others] to rescind a contract for the purchase and sale of timber-lands in the state of Maine, to set aside the conveyance thereof, to recover back the consideration paid in money, and to have the notes given for the balance delivered up. The bill set forth, that William C. Mitchell, Tristram G. Mitchell, David Wescott, William Wescott, Erastus Hayes, Israel Water-house, Thomas Warren, and William B. Gooch, claimed to be the owners of certain undivided portions of a tract of land in the state of Maine, called the Ford tract,…
1Opinion of the CourtStory, Circuit Justice
The cross bill is founded upon an asserted compromise of settlement of the cause of suit, stated iu the original bill, pending the suit; and, of course, if established in point of fact, it puts an end to the whole controversy. It has, accordingly, been first argued by counsel; and we are of opinion, that the compromise and settlement are not sufficiently established by the proofs in the cause to overcome the full and positive denials in the answer, that any such transactions were ever agreed upon by the parties. The known rule in equity is, that an answer, whlcq, is responsive to the…
2Cited by16 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Frenzel v. MillerIndiana Supreme Court · 1871
- Ivinson v. HuttonSupreme Court of the United States · 1878
- Barth v. DeuelSupreme Court of Colorado · 1888
11 more not listed; retrieve them via the Exa API.