Leggett v. Dubois
New York Court of Chancery
The bill in this cause was filed to compel the specific performance of an agreement made by the Rev. J. Sellon, now deceased, with the complainant, relative to the sale or exchange of a small piece of land between Beekman and Ann streets in the 'city of New-York; of which land it was alleged that Sellon was the real owner, or the' cestui que1 trust, and that H. Walton was his trustee.
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The bill in this cause was filed to compel the specific performance of an agreement made by the Rev. J. Sellon, now deceased, with the complainant, relative to the sale or exchange of a small piece of land between Beekman and Ann streets in the 'city of New-York; of which land it was alleged that Sellon was the real owner, or the' cestui que1 trust, and that H. Walton was his trustee. It was further alleged in the complainant’s bill that the land in question was conveyed to the other defendants, or some of them, after notice of the complainant’s rights, and while it was held adversely by him.…
1Opinion of the Court
The Chancellor.
The cases intended to be embraced by the 107th section of the title of the revised statutes which relates particularly to this court, (2 R. S. 184,) are those where the right of the deceased party vests in some or one of the survivors; so that a perfect decree may be made as to every part of the subject, of litigation, without any alteration of the proceedings, or bringing any new parties before the court. Such is the case of a suit brought by or against two or more executors, trustees or joint tenants ; where, on the death of one, the whole right of action or ground of relief…
2Cited by8 opinions
- Lyon v. . ParkNew York Court of Appeals · 1888
- Benedict v. CaffeThe Superior Court of New York City · 1854
- Van Tuyl v. SchwabAppellate Division of the Supreme Court of the State of New York · 1916
- Skinner v. SullivanNew York Supreme Court · 1920
- Lachaise v. LibbyNew York Court of Common Pleas · 1861
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