Watson v. Le Row
New York Supreme Court
In Equity. This was an appeal from a decree of the vice chancellor of the eighth circuit. The bill was filed by the complainant, to obtain satisfaction of a decree in chancery obtained by one "William "Watson against Elijah Bigelow, out of a lot of land in Erie county, in which it was alledged in the bill that a trust resulted in favor of the plaintiff as a creditor of Bigelow.
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In Equity. This was an appeal from a decree of the vice chancellor of the eighth circuit. The bill was filed by the complainant, to obtain satisfaction of a decree in chancery obtained by one "William "Watson against Elijah Bigelow, out of a lot of land in Erie county, in which it was alledged in the bill that a trust resulted in favor of the plaintiff as a creditor of Bigelow. In May, 1839, Bigelow gave a bond and mortgage to one Dibble, for $2625 ; which were afterwards assigned to William Watson. William Watson, in February, 1842, foreclosed the mortgage in chancery. On the sale of the…
1Opinion of the Court
By the Court, Paige, P. J.
On the 26th of May, 1841, the interest of Bigelow in the lot of land in question, was an equitable interest. He was .in equity the owner in fee, having paid the whole consideration money of the land to Marcy and Clark, from whom he purchased it; and they, in equity, were his trustees. (1 Barb. Sup. Court Rep. 499. 2 Story's Eq. Jur. § 1212. 6 John. Ch. 402, 405.) At law, Marcy and Clark were the legal owners, but were liable to be compelled by a bill in equity to convey the legal title to Bigelow. The revised statutes (1 Vol. p. 728, §§ 45, 46, 47, 48) did not divest…
2Cases cited8 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Edmeston v. LydeNew York Court of Chancery · 1829
- Beck v. BurdettNew York Court of Chancery · 1829
- Guthrie v. GardnerNew York Supreme Court · 1838
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3Cited by4 opinions
- Banister v. SolomonCourt of Appeals for the Second Circuit · 1942
- Smith v. FordWisconsin Supreme Court · 1880
- Johnson v. WhiteNew York Supreme Court · 1851
- Scott v. CalladineNew York Supreme Court · 1894