Herbert v. Herbert
New Jersey Court of Chancery
On motion to dismiss the bill. The bill alleges that on the 17th of February, 1881, the complainant Henry L. Herbert, a resident of New York, purchased ■•a lot of land at Atlanticville, in the county of Monmouth, which was duly conveyed to him by deed recorded on the same day; ’that, shortly after this purchase and conveyance, he built a house •upon the land and, with the exception of three years, when he rented it, made it his summer habitation; that in May, 1889, he :Sold…
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On motion to dismiss the bill. The bill alleges that on the 17th of February, 1881, the complainant Henry L. Herbert, a resident of New York, purchased ■•a lot of land at Atlanticville, in the county of Monmouth, which was duly conveyed to him by deed recorded on the same day; ’that, shortly after this purchase and conveyance, he built a house •upon the land and, with the exception of three years, when he rented it, made it his summer habitation; that in May, 1889, he :Sold the property to the complainant Joseph H. Devoe for its fair value, $7,250, and conveyed it to him by deed duly recorded…
1Opinion of the Court
'The Chancellor.
The carefully-guarded allegations of the bill, touching the -defendant's pretended cause of action against the complainant Plerbert, make it apparent that the pleader purposely conceals the true status of the claim upon which the attachment was issued. It was within his power, by inspection of the records •or by inquiry of the auditor in attachment, to have been so well informed that he could fully and fairly have stated and impeached it, but instead of so doiug, without definitely alleging what the claim was or how it is impeachable, he contents himself with the general…
2Cases cited3 opinions
- Delaware River Quarry & Construction Co. v. Board of Chosen FreeholdersNew Jersey Court of Chancery · 1918
- Heyer v. SullivanNew Jersey Court of Chancery · 1917
- Dudley v. DudleySupreme Court of New Jersey · 1916