Crocker v. Higgins
Supreme Court of Connecticut
This was a bill in chancery for the specific performance of an agreement for the demise of land. The case stated in the bill, and found by the court, was as follows. On the 29th of July, 1825, Charles Higgins, one of the defendants, applied to Daniel Wadsworth, Esq. for the purchase of the land in question. Mr. Wadsworth declined selling it, unless the use of it could be secured to Elizabeth Crocker, the plaintiff, during her life.
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This was a bill in chancery for the specific performance of an agreement for the demise of land. The case stated in the bill, and found by the court, was as follows. On the 29th of July, 1825, Charles Higgins, one of the defendants, applied to Daniel Wadsworth, Esq. for the purchase of the land in question. Mr. Wadsworth declined selling it, unless the use of it could be secured to Elizabeth Crocker, the plaintiff, during her life. It was then agreed between them, that Mr. Wadsworth should convey the land in fee to Lucy R. Crocker, a daughter of the plaintiff, who was about to be married to…
1Opinion of the Court
Hosmer, Ch. J.
No fraud is ascribed to the defendants in the plaintiff’s bill; and consequently, none can be imputed to them. However sustainable the allegation of fraud might be, had it been made, it would be going wide of the issue, and take the defendants by surprise, if it were presumed, or admitted to be proved. Executors of Everston v. Miles, 6 Johns. Rep. 138. Dean v. Mason, 4 Conn. Rep. 428.
The case, then, is restricted to the single point, whether the contract, if legally proved, ought to be specifically decreed.
To this three objections have been made by the defendants.
It was first…
2Cases cited9 opinions
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Tavenner v. BarrettWest Virginia Supreme Court · 1883
- Baxter v. CampSupreme Court of Connecticut · 1898
- Collins v. TillouSupreme Court of Connecticut · 1857
- Fisk's Appeal From Doings of CommissionersSupreme Court of Connecticut · 1908
- Haussman v. BurnhamSupreme Court of Connecticut · 1890
26 more not listed; retrieve them via the Exa API.