Wendell v. Van Rensselaer
New York Court of Chancery
THE bill in this cause stated, that Philip Wendell, oti the 8th of December, 1808, died seised of real estate, &c. in the city of' Albany, part of which consisted of a lot of ground in Court-street; 10 acres of land, called WendelPs Pasture, and lots No. 3. and No. 2., on the east side of Beaver-street.
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THE bill in this cause stated, that Philip Wendell, oti the 8th of December, 1808, died seised of real estate, &c. in the city of' Albany, part of which consisted of a lot of ground in Court-street; 10 acres of land, called WendelPs Pasture, and lots No. 3. and No. 2., on the east side of Beaver-street. By his last will, he authorized his executors to receive the rents and profits of his real estate, to lease the same, and, out of the rents and profits, to support his children, &c. That the defendant pretends to have some claim to the above-mentioned property. That the testator, with the…
1Opinion of the Court
The Chancellor.
The only interest involved in this suit, is that belonging to the representatives of Philip Wendell, deceased. Persons who purchased of Wendell, in his lifetime, are not concerned in this suit. They may have an interest in the point or question litigated, viz. whether the deeds of the defendant, covering their lands as well as the lands of the plaintiffs, be valid; but that circumstance alone will not render them necessary parties. If all persons interested in lands covered by the defendant’s deeds (and which deeds the plaintiffs controvert) were to be made parties, it would be…
2Cited by81 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Burnett v. AtteberryTexas Supreme Court · 1912
- Storrs v. BarkerNew York Court of Chancery · 1822
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
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