Legal Opinion

German v. Machin

New York Court of Chancery

Decided January 23, 1837PublishedCited by 27 opinions

This case came before the court upon exceptions to a master’s report, upon exceptions to the defendant’s answer for impertinence. The bill was filed to obtain partition of lands in which the legal estate was in the parties in equal proportions, as tenants in common of a reversion in fee after the death of their mother, who died a short time previous to the filing of the bill.

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This case came before the court upon exceptions to a master’s report, upon exceptions to the defendant’s answer for impertinence. The bill was filed to obtain partition of lands in which the legal estate was in the parties in equal proportions, as tenants in common of a reversion in fee after the death of their mother, who died a short time previous to the filing of the bill. Most of the exceptions depended upon the validity of the defence set up in the answer of the defendant, in which he claimed the equitable title to the whole premises under a parol agreement with his mother in her…

1Opinion of the Court

The Chancellor.

The first exception for impertinence covers a part of the answer which sets out a parol agreement between the parties to submit the controversy be*290txveen them in relation to the lands in question to an arbitrator for his decision thereon. I do not understand this submission as stated in the answer to be a submission to the" arbitrator to make a partition of the premises according to their legal rights; but a submission of the claim of the defendant to the whole premises under the alleged agreement with their mother, which appears to be the whole subject of controversy between…

2Cases cited1 opinion

  1. Colson v. ThompsonSupreme Court of the United States · 1817

3Cited by27 opinions

  1. Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
  2. Rathbun v. RathbunNew York Supreme Court · 1849
  3. Dubois v. CampauMichigan Supreme Court · 1873
  4. Geiger v. GreenCourt of Appeals of Maryland · 1846
  5. Carlton v. Southern Mutual InsuranceSupreme Court of Georgia · 1884

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