Barlow v. Delaney
U.S. Circuit Court for the District of Eastern Missouri
In Equity. On final hearing on pleadings and proofs. Bill by Peter D. Barlow and others against John O’Fallon Delaney and others, the heirs of Mrs. Octavia .Boyce, to establish a lien on certain lands held by her in her life-time as a separate estate. The lands in question had been partitioned among defendants (the heirs of Mrs. Boyce) subsequent to her death.
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In Equity. On final hearing on pleadings and proofs. Bill by Peter D. Barlow and others against John O’Fallon Delaney and others, the heirs of Mrs. Octavia .Boyce, to establish a lien on certain lands held by her in her life-time as a separate estate. The lands in question had been partitioned among defendants (the heirs of Mrs. Boyce) subsequent to her death. Administration upon her estate had been granted before the covenant of warranty referred to in the opinion was broken, and before the bill was filed.
1Opinion of the CourtBkeweR, J.
This case is now submitted for final hearing on pleadings and proofs. It was before this court on demurrer to the bill a year ago, and an opinion was filed by my Brother Ti-iayer, in which several questions were considered and decided. 36 Fed. Rep. 577. For a history of the facts out of which this litigation arises, see that opinion, and the case between the same parties, 86 Mo. 588. A restatement of the facts is therefore unnecessary.
Counsel for the defendants have challenged the conclusions expressed by my Brother Thayer, and have reargued to some extent the questions then decided. We have…
2Cases cited11 opinions
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Turner v. ShawSupreme Court of Missouri · 1888
- McQuie v. PeaySupreme Court of Missouri · 1874
- King v. MittalbergerSupreme Court of Missouri · 1872
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- Cott v. JacklinUtah Supreme Court · 1924
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