Dexter v. Arnold
U.S. Circuit Court for the District of Rhode Island
Bill in equity [by Edward Dexter against Thomas Arnold and another]. The substance of the bill was as follows: Jonathan Arnold died in 180G, intestate, leaving his brother, tlie defendant, Thomas Arnold, and his sister, Marcy Dexter, and sundry other persons, his heirs at law. Afterwards, the defendant, Thomas Arnold, in March, 1S07, took administration on the estate of Jonathan Arnold.
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Bill in equity [by Edward Dexter against Thomas Arnold and another]. The substance of the bill was as follows: Jonathan Arnold died in 180G, intestate, leaving his brother, tlie defendant, Thomas Arnold, and his sister, Marcy Dexter, and sundry other persons, his heirs at law. Afterwards, the defendant, Thomas Arnold, in March, 1S07, took administration on the estate of Jonathan Arnold. Marcy Dexter died in 1S17, having by her will constituted the plaintiff and one Stephen Dexter trustees of the residue of her estate in trust for the use and maintenance of her daughter, Susannah Dexter,…
1Opinion of the Court
STORY, Circuit Justice.
It is unnecessary to enter farther into the merits of this cause than the exceptions taken to the master’s report require. The first exception is founded on the following facts: The intestate. Jonathan Arnold, in 1793, mortgaged to the defendant, Thomas Arnold, his interest (one third part) in a farm, called the “Paget Farm,” for £850. Of this sum £100 was paid in his lifetime; and after his decease in June, 1807, the mortgagee (then being administrator of the estate) sold the estate and gave an absolute deed with warranty, for the sum of $6403, which exceeded the sum…
2Cases cited1 opinion
- Wyman v. HubbardMassachusetts Supreme Judicial Court · 1816
3Cited by14 opinions
- Turk v. GrossmanCourt of Appeals of Maryland · 1939
- Johnson v. . HartshorneNew York Court of Appeals · 1873
- Smith v. KnightSupreme Court of Iowa · 1893
- Pulliam v. PulliamUnited States Circuit Court · 1881
- Sweeney v. NeelyMichigan Supreme Court · 1884
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