Dennison v. Ely
New York Supreme Court
In Egiuity. The bill in this case was a creditor’s bill, filed by the plaintiff, as administrator with the will annexed of David Judson, deceased, against David Ely, the judgment debtor, and against the other defendants, to reach property of the debtor, alleged to be in their hands.
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In Egiuity. The bill in this case was a creditor’s bill, filed by the plaintiff, as administrator with the will annexed of David Judson, deceased, against David Ely, the judgment debtor, and against the other defendants, to reach property of the debtor, alleged to be in their hands. It set forth the recovery of a judgment in the supreme court of this state, for the sum of ,|)36,083,89, on the 19th day of December, 1842, and the issuing, and return of an execution unsatisfied, against the defendant David Ely. The bill then stated that Judson, the testator, executed to the said David Ely, a…
1Opinion of the CourtGridley, J.
One of the most important questions involved in this controversy, is whether the deed to Mrs. Ely, of October, 1823, was valid, and actually conveyed the farm to her; and if it did not, whether the grantor, David Judson, and the plaintiff, who represents him, are not estopped from denying that it did.
I. Did the deed executed to Mrs. Ely actually convey to her the title to the premises in question 1 (1.) It is said by the counsel for the plaintiff, that by the terms of the deed and the legal construction thereof, the grantor did not profess to convey any thing but his right and title ; which,…
2Cases cited9 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Osborne v. MossNew York Supreme Court · 1810
- Brownell v. CurtisNew York Court of Chancery · 1843
- Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
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3Cited by3 opinions
- Wallace v. BassettNew York Supreme Court · 1863
- Richardson v. ChickeringSupreme Court of New Hampshire · 1860
- Dwight v. PeartNew York Supreme Court · 1857