Whelan v. Whelan
New York Supreme Court
Appeal from the Court of Chancery The appellant filled his bill in the Court of Chancery on the 29t/i of Aprils 2822, praying that a conveyance executed by him to the respondents, on the 19th of January, 1821, for his farm, situate at Johnstown, in Montgomery county, and a bill of sale of personal property thereon, and a conveyance of another farm in St. Lawrence county, and the personal property thereon, might be set aside.
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Appeal from the Court of Chancery The appellant filled his bill in the Court of Chancery on the 29t/i of Aprils 2822, praying that a conveyance executed by him to the respondents, on the 19th of January, 1821, for his farm, situate at Johnstown, in Montgomery county, and a bill of sale of personal property thereon, and a conveyance of another farm in St. Lawrence county, and the personal property thereon, might be set aside. The bill alleged that the ap - pellant was a native of Ireland, of the age of 75 years ° that he had resided in Johnstown 35 years ; that he had 7 children—Charles, of…
1Opinion of the CourtWoodworth, J.
The bill seeks to be relieved against two. conveyances executed by the appellant—the one for a farm in Johnstown, the other for 100 acres of land in the county of St. Lawrence,
Relief is claimed, on the ground of undue influence and fraud. The respondents object, that the former is not alleged in the bill, and consequently not in issue.
Ground on which relief is sought.
What the bill charges.
The hill charges the respondents with fraudulent artifices, management, and undue influence, in obtaining the deeds. It is, however, sufficient, if from an examination of the whole bill, the facts stated…
2Cases cited1 opinion
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
3Cited by40 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Kisling v. ShawCalifornia Supreme Court · 1867
- Golson v. DunlapCalifornia Supreme Court · 1887
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