Quackenbush v. Leonard
New York Court of Chancery
This was an appeal from a decision and decree of the vice chancellor of the fourth circuit. The original bill was filed by Gerrit Quackenbush, in 1834, against the acting executrix and executors and trustees of Timothy Leonard, deceased, and against J. B. Leonard, one of his heirs at law, for the specific performance of certain agreements, and to redeem such agreements from an assignment thereof to J. Williams, by way of mortgage or pledge for the security of a debt, under…
Read the full summary
This was an appeal from a decision and decree of the vice chancellor of the fourth circuit. The original bill was filed by Gerrit Quackenbush, in 1834, against the acting executrix and executors and trustees of Timothy Leonard, deceased, and against J. B. Leonard, one of his heirs at law, for the specific performance of certain agreements, and to redeem such agreements from an assignment thereof to J. Williams, by way of mortgage or pledge for the security of a debt, under the following circumstances : In January, 1814, Timothy Leonard, Gerrit Quackenbush and George Webster, entered into an…
1Opinion of the Court
The Chancellor.
I can see no absolute necessity in this case for reviving the suit in the name of the personal representative of Quackenbush, as well as of his heirs at law. If the original complainant was entitled to a decree for a conveyance of any part of the lands purchased under the agreements, it was such an equitable interestin real estate as would descend to his heirs at law under the provisions of the revised *343statutes j (1 R. S. 751, § 1, 21,27 ;) and they alone would have the right to revive the suit as,to any of the lands which remained unsold at the time of his death, in 1835. It…
2Cited by12 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Grumley v. WebbSupreme Court of Missouri · 1869
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Pomeroy v. AinsworthNew York Supreme Court · 1856
- Pomeroy v. AinsworthNew York Supreme Court · 1856
7 more not listed; retrieve them via the Exa API.