Legal Opinion

Jackson v. Edwards

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1839PublishedCited by 23 opinions

Appeal from chancery. The appeal in this case grew out of a motion originally made before the vice chancellor of the first circuit, to compel a purchaser at a master’s sale to complete his purchase of certain lots in the city of New-York, he refusing to do so upon the allegation of defect of title. The order for the sale of the property was made in a partition suit prosecuted in the court of chancery.

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Appeal from chancery. The appeal in this case grew out of a motion originally made before the vice chancellor of the first circuit, to compel a purchaser at a master’s sale to complete his purchase of certain lots in the city of New-York, he refusing to do so upon the allegation of defect of title. The order for the sale of the property was made in a partition suit prosecuted in the court of chancery. The bill for partition was filed by Henry Jackson and Maria his wife, and the defendants in the suit were Benjamin B. Edwards and Nancy his wife, David S. Jackson and Sarah his wife, John O. Fay…

1Opinion of the Court

After advisement the following opinions were delivered i

By Bronson, J.

By the deed of July 6, 1835, from David S. Jackson to Benjamin B. Edwards and his wife, Edwards look a. life estate in one third of the share of his wife, with a lien or charge of $5000, on the remaining two thirds of the land, which sum he ,was authorised to raise by sale or mortgage of the property. All the residue of the estate passed to Mrs. Edwards for the joint lives of herself and husband, with a general and beneficial power of appointing the fee, either by deed or will, to be executed at any time during the…

2Cases cited1 opinion

  1. Morris v. MowattNew York Court of Chancery · 1831

3Cited by23 opinions

  1. Simar v. . CanadayNew York Court of Appeals · 1873
  2. Dickie v. CarterIllinois Supreme Court · 1866
  3. Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
  4. Fryer v. . RockefellerNew York Court of Appeals · 1875
  5. Greiner v. KleinMichigan Supreme Court · 1873

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