Varick v. Edwards
New York Court of Chancery
The bill in this cause was filed for the purpose of compelling the execution of a conveyance by the defendants, claiming under the will of Medcef Eden the younger to the complainants, claiming under an assignment or transfer of a certain bond and mortgage, executed by Medcef and Joseph Eden, his .brother, to one Joseph Winter.
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The bill in this cause was filed for the purpose of compelling the execution of a conveyance by the defendants, claiming under the will of Medcef Eden the younger to the complainants, claiming under an assignment or transfer of a certain bond and mortgage, executed by Medcef and Joseph Eden, his .brother, to one Joseph Winter. The history of the causes relating to the property in question, and most of the facts in the present case, are to be found in the reports in Varick v. Jackson, (2 Wendell, 200,) Pelletrau v. Jackson, (11 Wendell, 110,) and Jackson v. Waldron, (13 Wendell, 178.) Some…
1Opinion of the Court
The Assistant Vice-Chancellor :
I approach with anxiety and self-distrust the discussion of this important case; a case which has given birth to such severe litiga.taion ; and which, .while it has tasked the powers of thé ablest of the profession and of the bench, has been marked with the most strikingly inconsistent decisions of eminent tribunals, and stands an unpleasing memorial of judicial fallibility. In examining it I shall first inquire whether under any circumstances and at any time, such a bill ag the present could have been filed by any one standing in the same situation as the…
2Cases cited4 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Culler v. MotzerSupreme Court of Pennsylvania · 1825
- Williams v. WoodardNew York Supreme Court · 1831
- Gray's Administratrix v. BerrymanSupreme Court of Virginia · 1814
3Cited by7 opinions
- Crum v. SawyerIllinois Supreme Court · 1890
- Hasbrouck v. ShusterNew York Supreme Court · 1848
- Gay v. FricksSupreme Court of Alabama · 1924
- Hunt v. DanforthU.S. Circuit Court for the District of Rhode Island · 1856
- Bailey v. HoppinSupreme Court of Rhode Island · 1880
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