Cochran v. Van Surlay
New York Supreme Court
Error from the supreme court. This was an action of ejectment brought by Isabella Clarke, who after the verdict rendered in the cause married R. J. Cochran, after which the suit was prosecuted in their joint names.
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Error from the supreme court. This was an action of ejectment brought by Isabella Clarke, who after the verdict rendered in the cause married R. J. Cochran, after which the suit was prosecuted in their joint names. The plaintiff claimed to recover under a devise contained in the will of Mary Clarke, executed on the 6th April, 1802, whereby the testatrix gave a certain portion of a farm owned by her at Greenwich, called Chelsea, and also a house and lot then occupied by one Thomas Byron, to Benjamin Moore, and two other persons, in trust: 1. To receive the rents, issues and profits thereof,…
1Opinion of the Court
After advisement, the following opinions were delivered :
By the Chancellor.
In the examination of this case it is proper to take into consideration the fact that we are acting as a court of law, and are endeavoring to ascertain whether the legal title to the premises is in the plaintiffs; for if it is not, then . they cannot recover in this suit, whatever may be their equitable rights as against this defendant or any other person j and if the legislature had the right to pass the acts in question, then it will not be necessary to inquire whether the original trustees were *371guilty of a breach of…
2Cited by79 opinions
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- Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
- Borman v. StateSupreme Court of Alabama · 1859
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- People ex rel. Woodyatt v. ThompsonIllinois Supreme Court · 1895
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