Storrs v. Barker
New York Court of Chancery
THE bill was for an injunction to stay an action of ejectment, brought by the defendant against the plaintiff, B., to recover the possession of a piece of land, held by the plaintiff, B., under a deed from the plaintiff, S. The bill, also, prayed, that the defendant might be decreed to execute to the plaintiff, B., a release of all his right and claim to the land, or for a perpetual injunction against the prosecution of his claim, and for general relief.
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THE bill was for an injunction to stay an action of ejectment, brought by the defendant against the plaintiff, B., to recover the possession of a piece of land, held by the plaintiff, B., under a deed from the plaintiff, S. The bill, also, prayed, that the defendant might be decreed to execute to the plaintiff, B., a release of all his right and claim to the land, or for a perpetual injunction against the prosecution of his claim, and for general relief. The material facts, as they appeared in the pleadings and proofs, are stated in the opinion of his Honour the Chancellor.
1Opinion of the Court
The Chancellor.
The defendant is seeking to enforce his title at law to 6| acres of land, in the village of Buffalo, under the following circumstances, which are supposed, on the part of the plaintiffs, to have created an equitable estoppel.
John Johnston devised by will, to his wife Ruth, all his real and personal estate, and he died seised of 39-3, acres of land, of which the land in question was a part. His wife, after his death, conveyed 33 acres of the land, for a valuable consideration, to the defendant, her father, and then married Elisha Foster. She, by will, devised the 6a acres to her…
2Cases cited1 opinion
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
3Cited by67 opinions
- Utermehle v. NormentSupreme Court of the United States · 1905
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Moran v. PalmerMichigan Supreme Court · 1865
- Shear v. RobinsonSupreme Court of Florida · 1881
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