Humbert v. The Rector
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the first circuit allowing a demurrer to the complainants’ bill, and dismissing the bill with costs. ' The bill was filed by the complainants, in behalf of themselves and of the other descendants of Annetje Jans Bogardus, and the heirs at law of her children, grand children, and devisees, for the recovery of certain tracts of land in the city of New-York, in the possession of the defendants; and for an account of the…
Read the full summary
This was an appeal from a decree of the vice chancellor of the first circuit allowing a demurrer to the complainants’ bill, and dismissing the bill with costs. ' The bill was filed by the complainants, in behalf of themselves and of the other descendants of Annetje Jans Bogardus, and the heirs at law of her children, grand children, and devisees, for the recovery of certain tracts of land in the city of New-York, in the possession of the defendants; and for an account of the rents and profits of the same. Various objections were raised by the demurrer to the complainants’ right to discovery…
1Opinion of the Court
The Chancellor.
Various objections to the bill in point of form are raised by the demurrer, some of which I think are well taken; but as these might probably be obviated by amendments of the bill, I prefer to put my decision in this case upon an objection which goes to the merits, and which unquestionably cannot be obviated in any form of proceeding which can be adopted, either in this court or elsewhere. That objection is that the rights of the complainants, if those under whom they claim title had such rights as stated in the bill, are barred by lapse of time.
It is evident from the…
2Cases cited2 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Wisner v. OgdenU.S. Circuit Court for the District of District of Columbia · 1827
3Cited by21 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Rundle v. . AllisonNew York Court of Appeals · 1866
- Burrus v. CookSupreme Court of Missouri · 1908
- Gridley v. United StatesCourt of Appeals for the Sixth Circuit · 1930
- Campau v. CheneMichigan Supreme Court · 1850
16 more not listed; retrieve them via the Exa API.