Higinbotham v. Burnet
New York Court of Chancery
THE bill stated, that lot No. 81, in Manlius, (part of the military bounty lands,) was patented to Archibald Elliot. That on the 17th of January, 1785, before the patent was issued, Elliot, by an agreement contained in the condition of a bond, sold the lot to Leonard Smith, and bound himself to execute a deed of conveyance. On the 4th of November, 1789, Smith, by an assignment endorsed on the bond, sold and assigned the lot and the bond to William I. Vredenbergh.
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THE bill stated, that lot No. 81, in Manlius, (part of the military bounty lands,) was patented to Archibald Elliot. That on the 17th of January, 1785, before the patent was issued, Elliot, by an agreement contained in the condition of a bond, sold the lot to Leonard Smith, and bound himself to execute a deed of conveyance. On the 4th of November, 1789, Smith, by an assignment endorsed on the bond, sold and assigned the lot and the bond to William I. Vredenbergh. The bond, with the assignment endorsed, was duly deposited in the office of the Clerk of Onondaga, pursuant to the act of 1794. On…
1Opinion of the Court
The Chancellor.
This is a demurrer to the whole bill, and there are two causes of demurrer assigned, (1.) That the plaintiffs claim to be seized in fee of the premises, and therefore the matter is properly and exclusively cognizable at law. (2<) That the bill contains no matter of equity.
Perhaps it would be sufficient to dispose of the demurrer, by referring to the rule, (Laight v. Morgan, 1 Johns. Cases, 429.) that if a demurrer be general to the whole bill, and be bad, in part, it must be overruled. If it be good for discovery, and not for relief, a general demurrer to the whole bill is bad.…
2Cases cited1 opinion
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
3Cited by13 opinions
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- Stone v. TyreeWest Virginia Supreme Court · 1888
- Favill v. . RobertsNew York Court of Appeals · 1872
- Atwill v. FerrettU.S. Circuit Court for the District of Southern New York · 1846
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