Brewster v. Power
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the seventh circuit, dismissing the complainant’s bill with costs.
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This was an appeal from a decree of the vice chancellor of the seventh circuit, dismissing the complainant’s bill with costs. The object of the bill was to obtain from the defendant Abiathar Power, a conveyance of the title to the undivided half of a lot of land in the county of Ontario, under the following circumstances : Arthur Power, who owned the whole lot, conveyed it to R. W. Brace, in June, 1828; Brace paid down $300 of the purchase money and gave a mortgage upon the premises, and two notes as collateral security, for $550,50 and interest, for the balance. Brace having died without…
1Opinion of the Court
The Chancellor.
There is no allegation in the bill that the defendant ever gave to Ford a conveyance of his interest in the undivided half of the premises, to which the defendant acquired the legal title by the purchase under the statute foreclosure. The evidence of the declarations of Ford as to the pretended quit claim deed must therefore be laid entirely out of the question, even if they could have been legal evidence against the defendant upon any state of pleadings. Besides, if an allegation of that kind had been contained in the bill, it would have rendered it demurrable ; upon the…
2Cases cited1 opinion
- Waring v. MasonNew York Supreme Court · 1837
3Cited by20 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Robertson v. . SayreNew York Court of Appeals · 1892
- Tolles v. WoodNew York Court of Appeals · 1885
- Hershy v. LathamSupreme Court of Arkansas · 1883
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