Crane v. Conklin
New Jersey Court of Chancery
The case made in the bill is shortly this: That William M. Crane, late of the county of Essex, being seized and possessed of a considerable real and personal estate, in said county, amounting to the sum of four thousand dollars or upwards, died in April, 1829, aged fifty-five years.
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The case made in the bill is shortly this: That William M. Crane, late of the county of Essex, being seized and possessed of a considerable real and personal estate, in said county, amounting to the sum of four thousand dollars or upwards, died in April, 1829, aged fifty-five years. That during the months of January and February of the year preceding his death, lie was almost incessantly under the influence of liquor, so as to be incapable of managing bis business with discretion ; and that, when for a few days he refrained from drink, the debility of bis body and mind was so great as to…
1Opinion of the Court
The Chancellor.
The bill charges the fraudulent procurement of a conveyance of real estate, and seeks that it may be set aside in favour of the heirs at law.
Two questions are made :
1. Has this court jurisdiction to set aside conveyances, in favour of the heirs at law ? And,
2. Does this bill set out such a case as will authorize the court to interfere, if it have jurisdiction ?
It must be admitted in this case, by both parties, that an ejectment might have been brought for the recovery of the possession of this property, by the heirs at law. There is no legal impediment or disability standing in…
2Cases cited1 opinion
- Cathcart v. RobinsonSupreme Court of the United States · 1831
3Cited by4 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Bajek v. PolackNew Jersey Court of Chancery · 1936
- Hayward v. Passaic Natl. Bank Trust Co.New Jersey Court of Chancery · 1936
- Seminara v. GrismanNew Jersey Court of Chancery · 1945