Legal Opinion

Shillaber v. Robinson

Supreme Court of the United States

Decided April 15, 1878No. 25PublishedCited by 27 opinions

Appeal from the Circuit Court of the United States for the Eastern District of New York. The original transaction, which gave rise to the present suit, was a sale by John Shillaber of about three thousand acres of land, in the State of Illinois, to John Robinson, the appellee.

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Appeal from the Circuit Court of the United States for the Eastern District of New York. The original transaction, which gave rise to the present suit, was a sale by John Shillaber of about three thousand acres of land, in the State of Illinois, to John Robinson, the appellee. The contract was evidenced by a written agreement, by. which it appears that Robinson, in part payment of the Illinois land, was to convey to Shillaber three different parcels of land, lying, in the State of New York, — one in Kings, one in Sullivan, and one in Essex, County. On this contract, a suit, in the nature of a…

1Opinion of the CourtJustice Miller

The principal, in fact the Only, defence which merits any (Consideration in this case, is that by the trust-deed which Robinson made to Noble under the decree of the court, and by the sale which Noble made in conformity to the terms of the decree, and' of that deed, Shillaber’s rights were completely divested in the land; and since it did not bring, at that sale, as much money as was due to Robinson, which, by the terms of both the decree and the deed of trust, was to be paid to him out of the proceeds of that sale, nothing was left for Shillaber in the matter.

The decree in the Illinois suit,…

2Cases cited1 opinion

  1. Lawrence v. . the Farmers' Loan and Trust Co.New York Court of Appeals · 1855

3Cited by27 opinions

  1. Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
  2. Moore v. DickMassachusetts Supreme Judicial Court · 1905
  3. Stephens v. ClaySupreme Court of Colorado · 1892
  4. Cleveland v. BatemanNew Mexico Supreme Court · 1915
  5. Eubanks v. BectonSupreme Court of North Carolina · 1912

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