Legal Opinion

Murray v. Ballou

New York Court of Chancery

Decided November 14, 1815PublishedCited by 94 opinions

THE bill, which was filed in October, (after the 10th,) 1814,‘stated, that the plaintiff, Winter, was trustee of Healley, for certain lands, including a subdivision of lot No. 26., in Cosby’s Manor, containing 50 acres.

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THE bill, which was filed in October, (after the 10th,) 1814,‘stated, that the plaintiff, Winter, was trustee of Healley, for certain lands, including a subdivision of lot No. 26., in Cosby’s Manor, containing 50 acres. That Winter having failed in the due discharge of his trust, a bill was filed against him, in 1809,* charging him with a breach of such trust; and .... . ....... an injunction was issued, enjoining him from acting as trustee, &c. selling any of the trust estate, or the securities or funds thereof; which injunction was duly served in February, 1809, and the injunction published…

1Opinion of the Court

The Chancellor.

The purchase, by Ballou, of Winter was made in August, 1810. The lot purchased was held, at the time, by Winter, in trust, for Temperance Green $ and a suit was then, and for a year preceding, had been, pending in this court by Mrs. Green against Winter, charging him with a breach of trust, and praying that his authority, as trustee, might cease; and an injunction had been issued and served, enjoining him from any sale,, disposition, or use of any of the lands or securities held by him in trust. The plaintiff, Murray, was, afterwards, appointed receiver, with authority to sue;…

2Cited by94 opinions

  1. Mellen v. Moline Malleable Iron WorksSupreme Court of the United States · 1889
  2. Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
  3. Murray v. LylburnNew York Court of Chancery · 1817
  4. Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
  5. Fenno v. SayreSupreme Court of Alabama · 1842

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