Schroeder v. . Gurney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court ■on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme 'Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court ■on trial at Special Term. (Eeported below, 10 Hun, 413.) This action was brought to set aside a sheriff’s certificate On the 10th of July, 1866, Nehemiah Case, being seized in fee, and in the possession of fifty acres of land in the town of Brant (the real estate in question), conveyed the same by deed, expressing the consideration of one dollar, to Catherine M. Brierly, in trust, to receive the issues, rents and…
1Opinion of the CourtMiller, J.
A court of equity will interpose its power to set aside or cancel an instrument which is absolutely void, cither by statute or by the principles of the common l&w, by what is familiarly known as a bill of quia timet. This action is sustained upon the doctrine that when a person is apprehensive of being subjected .to a future inconvenience, probable, or even possible, to happen, or to be occasioned by the neglect, inadvertence or culpability of another (as well as in some other cases, which are founded upon the same principle), a bill of this description may be exhibited, which will quiet the…
2Cases cited1 opinion
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
3Cited by10 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Constant v. . University of RochesterNew York Court of Appeals · 1888
- Roman Catholic Archbishop v. ShipmanCalifornia Supreme Court · 1886
- Paddell v. JanesNew York Supreme Court · 1914
- People Ex Rel. v. . Mayor of New YorkNew York Court of Appeals · 1880
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