Lozier v. Hill
New Jersey Court of Chancery
On bill, answer and proofs. The bill is filed to specifically enforce a parol contract to devise a parcel of land situate in the village of Closter, Bergen count]’-, New Jersey. The complainant, on February 21st, 1875, conveyed by an ordinary warranty deed the land in question to her brother, John B. Kip, now deceased.
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On bill, answer and proofs. The bill is filed to specifically enforce a parol contract to devise a parcel of land situate in the village of Closter, Bergen count]’-, New Jersey. The complainant, on February 21st, 1875, conveyed by an ordinary warranty deed the land in question to her brother, John B. Kip, now deceased. The deed recites a consideration of $1,450, but the proofs seem to show that the actual consideration, so far as the same was money, was only $1,000, which was duly paid. The complainant claims that at the time of the conveyance, and as an inducement to her to make it, her…
1Opinion of the Court
Stevenson, V. C.
Without undertaking to discuss in detail all of the questions raised in this case, I shall endeavor to state the main points, the consideration of which has led me to the conclusion that the complainant’s bill should be dismissed.
1. The proof of a legal contract, as distinguished from a mere declaration of a testamentary intention, is unsatisfactory. Leaving out of view, for the present, the mere form of the contract ancl the absence of any written evidence of it, the fact that a verbal contract was made as alleged in the bill of complaint certainly ought to be established…
2Cases cited1 opinion
- Gould v. MansfieldMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Buckley v. Mayor, C., of Jersey CityNew Jersey Court of Chancery · 1930
- Edwards v. Wyckoff Electrical Supply Co.New Jersey Superior Court Appellate Division · 1956
- Weyer v. WeyerNew Jersey Court of Chancery · 1930
- Degheri v. CarobineNew Jersey Court of Chancery · 1926
- Brands v. CassedyNew Jersey Court of Chancery · 1938