Hall v. Livingston
Court of Chancery of Delaware
Bill in Equity to establish a parol trust in LANDS AGAINST THE GRANTEE IN A DEED ABSOLUTE ON ITS FACE, AND FOR AN ACCOUNT OF RENTS, AND PROFITS* AND A RE-CONVEYANCE BY THE GRANTEE, AND ONE TO WHOM HE HAD SOLD AND CONVEYED A PART OF THE LANDS. — The complainant, Hall, by three several deeds, dated, two of them on the 28th, and one on the 29th of January, 1859, conveyed to the defendant, Livingston, in fee simple, three farms situated in Kent county, Delaware.
Read the full summary
Bill in Equity to establish a parol trust in LANDS AGAINST THE GRANTEE IN A DEED ABSOLUTE ON ITS FACE, AND FOR AN ACCOUNT OF RENTS, AND PROFITS* AND A RE-CONVEYANCE BY THE GRANTEE, AND ONE TO WHOM HE HAD SOLD AND CONVEYED A PART OF THE LANDS. — The complainant, Hall, by three several deeds, dated, two of them on the 28th, and one on the 29th of January, 1859, conveyed to the defendant, Livingston, in fee simple, three farms situated in Kent county, Delaware. The deeds were in the usual form of deeds of bargain and sale, without any declaration of trust, and purporting to be absolute…
1Opinion of the Court
The Chancellor :—
The present application is that William A. Hall may be discharged from his suretyship in the injunction bond, or that the bond may be canceled and a new bond taken, as may be in accordance with the powers and practice of the Court; that the deposition of Hall already taken be suppressed, and the witness re-examined upon the same interrogatories and cross interrogatories.
The defendants object, first, the want of power in the Court to discharge this surety, since that would impair obligation of a contract within the prohibition of the Federal Constitution.
Doubtless, the…
2Cases cited11 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Grimstone v. CarterNew York Court of Chancery · 1831
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Brison v. BrisonCalifornia Supreme Court · 1888
- Raymond v. FlavelOregon Supreme Court · 1895
- Mee v. MeeTennessee Supreme Court · 1904
- Brunson v. GladishTennessee Supreme Court · 1939
- Handler Construction, Inc. v. CoreStates Bank, N.A.Supreme Court of Delaware · 1993
21 more not listed; retrieve them via the Exa API.