Legal Opinion

Duke of Cumberland v. Codrington

New York Court of Chancery

Decided December 31, 1817PublishedCited by 55 opinions

IN the beginning of the year 1791, Sir William Pulteney, for himself, and for Wm. Hornby, and Patrick Colquhoun, purchased of Robert Morris, of Philadelphia, a large tract of land in this state, called, in the case made by consent of parties, the “ Genesee Tract,” in which Sir William was interested in three-fourths; but as he and the other purchasers were aliens, a conveyance was not made to them . After the sale, the proprietors of the tract duly appointed Ckarles…

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IN the beginning of the year 1791, Sir William Pulteney, for himself, and for Wm. Hornby, and Patrick Colquhoun, purchased of Robert Morris, of Philadelphia, a large tract of land in this state, called, in the case made by consent of parties, the “ Genesee Tract,” in which Sir William was interested in three-fourths; but as he and the other purchasers were aliens, a conveyance was not made to them . After the sale, the proprietors of the tract duly appointed Ckarles Williamson, a Scotchman, their agept, who removed to this country, became naturalized, and procured from Morris and his wife, an…

1Opinion of the Court

The Chancellor-

The question in this case, between' the heir at law and the personal representatives of the Countess of Bath, is, which of them shall pay a certain mortgage debt.

Charles Williamson, in 1801, had in himself the legal title to the part then remaining unsold of what is called in the case the “ Geúesee tract,” and he held it as a trustee for Sir William Pulteney. ít had become expedient that Sir W. P. should be invested with the legal title, but Williamson refused to convey, except upon certain terms. The terms were, that Sir W. P. should pay him a large sum of money, as a…

2Cases cited1 opinion

  1. Neilson v. BlightNew York Supreme Court · 1799

3Cited by55 opinions

  1. Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
  2. Felix v. PatrickSupreme Court of the United States · 1892
  3. Garnsey v. . RogersNew York Court of Appeals · 1872
  4. Todd v. . WeberNew York Court of Appeals · 1884
  5. Osborne v. CabellSupreme Court of Virginia · 1883

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