Bogardus v. Trinity Church
New York Court of Chancery
This case came before the court upon the defendants’ plea. By the complainant’s bill, he claimed as one of the descendants of Annetje Jans, or Bogardus, formerly wife of the Do-mine Everardus Bogardus, one undivided fifth part, of one sixth, of sixty-two acres of land, in the city of New-York, once known by the name of the Domine’s Bowery, confirmed to the children and heirs of Annetje Jans, by Governor Nicholls, in 1667. The bill alleged that the one undivided sixth part of…
Read the full summary
This case came before the court upon the defendants’ plea. By the complainant’s bill, he claimed as one of the descendants of Annetje Jans, or Bogardus, formerly wife of the Do-mine Everardus Bogardus, one undivided fifth part, of one sixth, of sixty-two acres of land, in the city of New-York, once known by the name of the Domine’s Bowery, confirmed to the children and heirs of Annetje Jans, by Governor Nicholls, in 1667. The bill alleged that the one undivided sixth part of the premises belonged to Cornelius Bogardus, the ancestor of the complainant, at the time of his death, in 1707, and…
1Opinion of the Court
The Chancellor.
The complainant’s counsel have made several objections to the form of the plea in this case, which it is proper should be disposed of before I proceed to consider the question whether the matters alleged in the plea .are sufficient, in substance, to bar the complainant’s title to relief. The first objection to the plea, in point of form, is, that it is multifarious or double, and does not rest the defence upon a single point. I think this objection is untenable. It is the pleading of a double bar which constitutes duplicity in a plea. But a plea is not rendered double by the…
2Cases cited1 opinion
- Jackson ex dem. Preston v. SmithNew York Supreme Court · 1816
3Cited by56 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Cutting v. . CuttingNew York Court of Appeals · 1881
- In Re the Estate of FairCalifornia Supreme Court · 1901
- Unger v. MooneyCalifornia Supreme Court · 1883
- Reno Smelting, Milling & Reduction Works v. StevensonNevada Supreme Court · 1889
51 more not listed; retrieve them via the Exa API.