Legal Opinion

Souverbye v. Arden

New York Court of Chancery

Decided October 3, 1814PublishedCited by 66 opinions

THE plaintiff, Eliza Bouquet, and her former husband, Vital Antoine Servant Grangiac, filed their bill against James Arden, De Witt Clinton, and Richard D. Arden, to compel a conveyance, to the plaintiffs, of a lot of land in the city of New-York, and, also, for an account.

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THE plaintiff, Eliza Bouquet, and her former husband, Vital Antoine Servant Grangiac, filed their bill against James Arden, De Witt Clinton, and Richard D. Arden, to compel a conveyance, to the plaintiffs, of a lot of land in the city of New-York, and, also, for an account. The bill charged that the defendant, James Arden, and Eliza, his wife, the father and mother of the plaintiff, Eliza Bouquet, in the year 1804, conveyed to De Witt Clinton and Richard D. Arden, a certain house, warehouse, and lot of land, extending from Greenwich-street into Washingtonsireet, in trust for the said Eliza…

1Opinion of the Court

The Chancellor.

Several points have been raised respecting the deed mentioned in the pleadings.

1. It is contended, on the part of the plaintiffs, that the deed was perfected by the sealing and delivery, on the 25th of December, 1805, and that the estate then passed and vested in the grantees, for the uses and purposes therein declared.

In my opinion, this allegation is fully and effectually supported by the proof.

The answer of thegrantor, to this point, is, “ that he and Ms wife signed, and, as he believes, sealed the deed, at or about the time it bears date, in the presence of two witnesses;…

2Cited by66 opinions

  1. Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
  2. Kenaday v. SinnottSupreme Court of the United States · 1901
  3. Hibberd v. SmithCalifornia Supreme Court · 1885
  4. Patton v. BeecherSupreme Court of Alabama · 1878
  5. Moore v. TrottCalifornia Supreme Court · 1912

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