Randall v. Phillips
U.S. Circuit Court for the District of Rhode Island
Bill in equity. The bill stated that one Wil-liam WTest, on the 19th June, 1792, being possessed of certain real estate set forth in the bill, for the consideration of £2150, conveyed the sanie to Jeremiah Phillips, Job Randall (the father of the plaintiff), Gideon Smith, and Joseph Battey, and their heirs and assigns.
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Bill in equity. The bill stated that one Wil-liam WTest, on the 19th June, 1792, being possessed of certain real estate set forth in the bill, for the consideration of £2150, conveyed the sanie to Jeremiah Phillips, Job Randall (the father of the plaintiff), Gideon Smith, and Joseph Battey, and their heirs and assigns. On the same day, the grantees executed a defeasance, whereby they agreed, that if West should well and truly indemnify, and save them harmless for all money they should advance, or had advanced for him, and for all cost, trouble, and expense they should be put to in undertaking…
1Opinion of the Court
STORY, Circuit Justice.
So far as the answers in this cause set up new facts by way of discharge or avoidance of the matter of the bill, or allege separate and independent agreements, they are not evidence for the defendants; but all such allegations must be substantiated by proof aliunde. This is the general doctrine in equity, and is not now susceptible of any real doubt. Parteriche v. Powlet, 2 Atk. 383; Brace v. Taylor, Id. 253; Ridgeway v. Darwin, 7 Ves. 405; Thompson v. Lambe, Id. 587; Kirkpatrick v. Love, 2 Amb. 589; Blount v. Burrow, 1 Ves. Jr. 546; Robinson v. Scotney, 19 Ves. 583;…
2Cases cited2 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Appleton v. BoydMassachusetts Supreme Judicial Court · 1810
3Cited by17 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Springer v. DroschIndiana Supreme Court · 1870
- M'Cleskey v. LeadbetterSupreme Court of Georgia · 1846
- Mead v. StegerSupreme Court of Alabama · 1837
- Park v. ParkerMassachusetts Supreme Judicial Court · 1914
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