Marks v. Pell
New York Court of Chancery
JOSEPH LATHAM, deceased, in his lifetime, was seised of a house and lot, (No. 318 Water-street,) in the city of New-York, andón the 14th of July, 1806, made his will, at Charleston, S. C,,by which he gave one half of the lot to his wife, Martha, in fee, one fourth to his son Gilbert, in fee, and, if he died unmarried, then to his wife, and one fourth to his nephew, John Latham, and his niece, Mary. Gilbert Latham died unmarried.
Read the full summary
JOSEPH LATHAM, deceased, in his lifetime, was seised of a house and lot, (No. 318 Water-street,) in the city of New-York, andón the 14th of July, 1806, made his will, at Charleston, S. C,,by which he gave one half of the lot to his wife, Martha, in fee, one fourth to his son Gilbert, in fee, and, if he died unmarried, then to his wife, and one fourth to his nephew, John Latham, and his niece, Mary. Gilbert Latham died unmarried. The widow of the testator mar-tied P. Simpson, who, with the nephew and niece, are plaintiffs. The bill stated, that the testator, in 1785, being -indebted to Gilbert…
1Opinion of the Court
The Chancellor.
The bill is in the nature of a bill to redeem a mortgage alleged to have been given in January, 1785, by Joseph Latham to Gilbert Pell. The answer sets up an absolute purchase by a deed in fee, and denies the existence of the mortgage. The plaintiffs undertake to establish the charges in the bill by parol proof. This proof consists of confessions made by Gilbert Pell, that the deed *598in question was taken and considered by him as a mortgage 5 and that he kept an account of the rents and profits for a number of years, and then destroyed all those accounts, to-_ gether with a…
2Cited by15 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Holmes v. GrantNew York Court of Chancery · 1840
- Backus v. BurkeSupreme Court of Minnesota · 1895
- Lane v. ShearsNew York Supreme Court · 1828
10 more not listed; retrieve them via the Exa API.