Spofford v. Manning
New York Court of Chancery
This case came before the chancellor upon an appeal from an order of the vice chancellor of the first circuit, overruling the demurrer of the defendant Manning to the complainants’ bill. The object of the bill was to restrain the defendants from proceeding in an ejectment suit, which they had commenced for the recovery of an undivided part of lot No. 27 Peck slip, in the city of New-York, and to quiet the complainants in their title to and possession of that lot.
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This case came before the chancellor upon an appeal from an order of the vice chancellor of the first circuit, overruling the demurrer of the defendant Manning to the complainants’ bill. The object of the bill was to restrain the defendants from proceeding in an ejectment suit, which they had commenced for the recovery of an undivided part of lot No. 27 Peck slip, in the city of New-York, and to quiet the complainants in their title to and possession of that lot. The bill alleged that in 1775 J. Rosevelt, who was then the owner of the premises, devised the same to James Crommeline for life…
1Opinion of the Court
The Chancellor.
Without reference to the merits of the question involved in the demurrer to a portion of the bill in this case, I think the decision of the vice chancellor was clearly right in disallowing the demurrer; as it is unquestionably overruled by the answer. That part of the answer in which the defendant sets up his defence as a purchaser without notice of any right or claim on the part of Hoyt or of those who had derived title from him, would be, if true, a defence to the equitable right claimed under the *388will and the subsequent election by the children after they became of age. And…
2Cases cited1 opinion
- Leonard v. CrommelinNew York Court of Chancery · 1831
3Cited by10 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Seymour v. . McKinstryNew York Court of Appeals · 1887
- Merritt v. Northern RailroadNew York Supreme Court · 1852
- Wheeler v. LesterNew York Surrogate's Court · 1850
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