Legal Opinion

Down v. Down

New Jersey Court of Chancery

Decided February 7, 1912PublishedCited by 9 opinions

On bill, &c., of wife, by next friend, to enjoin husband from interfering with her possession of certain real estate.

1Opinion of the Court

Leaming, V. C.

The present controversy involves, the ascertainment whether certain real estate is owned by Matilda Down, complainant herein by her next friend, or by her husband, Everett M. Down, defendant and cross-complainant herein. The legal title to the real estate in question now stands in the name of complainant; her husband claims to be the equitable owner and by his cross-bill seeks to compel a conveyance to him of the legal title.

On and prior to July 12th, 1905, the husband was the absolute owner of the property in dispute; on that day, by deed of conveyance in which his wife joined,…

2Cited by9 opinions

  1. Greenly v. GreenlyCourt of Chancery of Delaware · 1946
  2. Peardon v. PeardonNevada Supreme Court · 1948
  3. Filson v. FountainCourt of Appeals for the D.C. Circuit · 1948
  4. Blaine v. KrysowatyNew Jersey Court of Chancery · 1944
  5. Jopling v. Caldwell-DegenhardtCourt of Appeals of Texas · 1927

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