Peer v. Cookerow
New Jersey Court of Chancery
The original hill in this cause was filed by Nelly Peer against Thomas J. Peor and others, heirs-at-law of Tunis Peer, deceased, charging that Tunis Peer, who had died seized of a tract of land in the county of Morris, was a trustee for the complainant of said land, and that on his death intestate, the land had descended to the defendants charged with the trust, and praying a decree of the court establishing the trust, and directing the defendants to convey the land to the…
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The original hill in this cause was filed by Nelly Peer against Thomas J. Peor and others, heirs-at-law of Tunis Peer, deceased, charging that Tunis Peer, who had died seized of a tract of land in the county of Morris, was a trustee for the complainant of said land, and that on his death intestate, the land had descended to the defendants charged with the trust, and praying a decree of the court establishing the trust, and directing the defendants to convey the land to the complainant. The cause was heard before the late Chancellor, on the pleadings and proofs, and on the 24th of October,…
1Opinion of the Court
The Chancellor.
"When this cause was formerly before the court upon demurrer to the bill, it was held that the defendants in the original suit were entitled to revive the suit for the purpose of appeal, and that the bill, upon its face, was not demurrable. (2 Beasley 186.) Since then the defendants have answered, setting up new facts, which have occurred since the filing of the bill in the original suit, as reasons why the suit should not be revived.
The most important, and the only fundamental objection urged against a decree of revivor is, that the complainants have no right of appeal. If the…
2Cases cited2 opinions
- Horsburg v. BakerSupreme Court of the United States · 1828
- Johnson v. Johnson's HeirsCourt of Appeals of Kentucky · 1833