Leggett v. Dubois
New York Court of Chancery
The original bill in this cause was filed in 1828, against Bishop Dubois, and Lynch, Lasala and Wilcox, trustees for the Catholic church in Ann street, in the city of New-York, and against H. Walton, and the Rev. J. Sellon of the Episcopal church, for the specific performance of an alleged agreernení made by Sellen, through ov by the trustees of “ Christ’s -church, in Ann street,” for the sale or exchange of a small •strip of land in rear of the church.
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The original bill in this cause was filed in 1828, against Bishop Dubois, and Lynch, Lasala and Wilcox, trustees for the Catholic church in Ann street, in the city of New-York, and against H. Walton, and the Rev. J. Sellon of the Episcopal church, for the specific performance of an alleged agreernení made by Sellen, through ov by the trustees of “ Christ’s -church, in Ann street,” for the sale or exchange of a small •strip of land in rear of the church. It appeared hy the pleadings and proofs in the cause, that the premises in controversy, together with the residue of the three lots upon Ann…
1Opinion of the Court
The Chancellor.
It is not necessary that I should go into a full examination of the question whether there was a valid paroi agreement between the complainant and J. Sellon, partially performed, so as to render it binding in equity as between those parties, notwithstanding the provisions of the statute of frauds; as I am satisfied Walton never assented to any such agreement. And I have arrived at the conclusion that J. Sellon had npt such an interest in the premises as could make his contracts in relation thereto binding on Walton or his grantee. If the trust on which the property was held by…
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