Legal Opinion

Messick v. Johnson

Court of Chancery of Delaware

Decided July 22, 1916Published

Injunction bill. By the bill of complaint William R. Messick alleges that he is the owner of a lot of land in Georgetown, conveyed to him December 16, 1915, by one EcLwin C. Baker, who acqtdred title by deed of John W. Messick dated May 25, 1915, and that Hettie A. S. Kollock by deed dated January 17, 1905, conveyed the land to John W. Messick. All the deeds are of record.

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Injunction bill. By the bill of complaint William R. Messick alleges that he is the owner of a lot of land in Georgetown, conveyed to him December 16, 1915, by one EcLwin C. Baker, who acqtdred title by deed of John W. Messick dated May 25, 1915, and that Hettie A. S. Kollock by deed dated January 17, 1905, conveyed the land to John W. Messick. All the deeds are of record. Hettie A. S. Kollock, notwithstanding the deed to John W. Messick, was in possession of the land at the time of her death in 1911, and since her death John W. Johnson, her nephew, has been in possession. On July 10, 1912,…

1Opinion of the Court

The Chancellor.

Here the complainant owning land formerly owned by Hettie A. S. Kollock acquired title to it ■under a deed from her grantee, and after she had parted with the title in her lifetime, a judgment against her administrator has been obtained and execution issued thereon for the sale thereof. To prevent the creation of a cloud upon his title, which would result from a sale of his land, the complainant asks the help of this court, because of his helplessness in a court of law, and among other things, asserts facts to show the irregularity of the judgment.

The jurisdiction of the Court…

2Cases cited9 opinions

  1. Pier v. City of Fond du LacWisconsin Supreme Court · 1875
  2. Whitehouse v. JonesWest Virginia Supreme Court · 1906
  3. Christie v. HaleIllinois Supreme Court · 1867
  4. Ormsby v. BarrMichigan Supreme Court · 1870
  5. Thompson v. LynchCalifornia Supreme Court · 1865

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