Lillibridge v. Adie
U.S. Circuit Court for the District of Rhode Island
This was a real action, brought by [Gardner Lillibridge] the demandant, as son and heir of Charlotte Lillibridge, deceased, to recover one undivided fourth part of a certain estate, situate in Providence. There was a special count in the nature of a formedon, to which the general issue was pleaded.
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This was a real action, brought by [Gardner Lillibridge] the demandant, as son and heir of Charlotte Lillibridge, deceased, to recover one undivided fourth part of a certain estate, situate in Providence. There was a special count in the nature of a formedon, to which the general issue was pleaded. At the trial at November term, IS16, the parties agreed to the followiñg statement of facts: That Thomas Sabin, the testator, being sei-sed of the demanded premises in fee simple, made his will, which is in the case, dated the ninth day of August, 1797; and afterwards, being seised of the same…
1Opinion of the Court
STORY, Circuit Justice.
Upon the facts in this case several important points have arisen; and as every question, touching the nature and effect of devises of real estate, materially affects the title of purchasers, we have taken time to consider them. In no branch of the law is a more cautious examination of authorities necessary; and indeed in no branch are the principles more generally built upon artificial and technical reasoning. It is quite another consideration, whether these principles were originally the most correct or equitable, that could hav.e been adopted. It is sufficient, that…
2Cases cited2 opinions
- Jackson ex dem. Staats v. StaatsNew York Supreme Court · 1814
- Snowden v. Phoenix InsuranceSupreme Court of Pennsylvania · 1811
3Cited by4 opinions
- Leroy M. Wiley, Parish & Co. v. SmithSupreme Court of Georgia · 1847
- Babcock v. BryantMassachusetts Supreme Judicial Court · 1832
- Fergus v. RobinsonSuperior Court of Delaware · 1835
- Patterson v. EllisNew York Supreme Court · 1833