Hughes v. Blake
U.S. Circuit Court for the District of Massachusetts
[This was a suit by Samuel Hughes against George Blake.] The object of the bill was to recover from the defendant a sum of money arising from the sale of a tract of land, commonly called “Yazoo Lands." alleged to have been effected by the defendant, in tbe year 1795. as agent of certain persons named in the bill, in which lands the plaintiff claimed to have had an equitable interest, in common with the defendant’s immediate principals, and. therefore, as being entitled to a…
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[This was a suit by Samuel Hughes against George Blake.] The object of the bill was to recover from the defendant a sum of money arising from the sale of a tract of land, commonly called “Yazoo Lands." alleged to have been effected by the defendant, in tbe year 1795. as agent of certain persons named in the bill, in which lands the plaintiff claimed to have had an equitable interest, in common with the defendant’s immediate principals, and. therefore, as being entitled to a proportion of tbe proceeds resulting from the sale thereof. It was also charged by tbe bill, that the defendant had…
1Opinion of the Court
STORY, Circuit Justice.
No question arises in this case on the «sufficiency of the plea in point of law; for the parties, by going to issue on the facts alleged in the plea, have waived all considerations of this nature. Mitf. Eq. Pl. 240; Coop. Eq. Pl. 232. It remains, therefore, for the court only to ascertain whether the plea is supported in point of fact. It is admitted by the plaintiff, that the defendant has never received any money on account of the Barrell notes, since the former suit in 1804 was instituted against him. All, that he ever received, was prior to that time. It is also…
2Cited by6 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
- Pittsburg Construction Co. v. West Side Belt RailroadSupreme Court of Pennsylvania · 1909
- Gerrish v. PrattSupreme Court of Minnesota · 1861
- Louisiana State Bank v. Orleans Navigation Co.Supreme Court of Louisiana · 1848
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