Neafie v. Neafie
New York Court of Chancery
THE bill (filed January 18, 1819,) stated, that in 1803, John JYeafa, lately deceased, father of the plaintiff, made a verbal agreement for the purchase of a farm in Orange county, containing 518 acres, for 8500 dollars, and told the plaintiff that he intended to have the contract in the plaintiff’s name, having promised to purchase a 'farm for him ; that a written contract for the purchase was executed accordingly on the 17th of March, 1803, between the plaintiff’ and S.…
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THE bill (filed January 18, 1819,) stated, that in 1803, John JYeafa, lately deceased, father of the plaintiff, made a verbal agreement for the purchase of a farm in Orange county, containing 518 acres, for 8500 dollars, and told the plaintiff that he intended to have the contract in the plaintiff’s name, having promised to purchase a 'farm for him ; that a written contract for the purchase was executed accordingly on the 17th of March, 1803, between the plaintiff’ and S. Livingston; and J. JV. having, afterwards, paid the purchase money according to the contract, S. L executed a deed in fee…
1Opinion of the Court
The Chancellor.
In this case, proofs have been taken
touching the merits, but the counsel for the plaintiffs have stated preliminarily, that the decree mentioned in the pleadings is a conclusive bar to all defence and discussion upon the facts, and that the plaintiff is entitled, as of course, to be quieted in his possession, by a decree for a perpetual injunction. It is contended, on the other side, that the former decree did not settle the questions now in controversy, and that, if it did, the filing of this bill opens the former decree.
A bill regularly dismissed upon the merits may be…
2Cited by8 opinions
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- Carroll v. PatrickNebraska Supreme Court · 1888
- Austin v. GageMassachusetts Supreme Judicial Court · 1812
- McGrane v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1901
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