Dean v. Younell's Administrator

Supreme Court

Dean v. Younell's Administrator

75 U.S. 14, 19 L. Ed. 365, 8 Wall. 14, 1868 U.S. LEXIS 1077

Supreme Court of the United States·Decided November 18, 1869·No. 171·Published

Opinion

The CHIEF JUSTICE

delivered the opinion of this court, to the effect, that the vendor whoso lien was set up not having been made a party, and there not being any allegations of notice to the grantor of the'complainant, of the alleged lien for purchase-money, no ground of relief was shown by the bill as to' this lien.

And that upon the principles of Thorington v. Smith, just preceding, the fact that the land was sold for Confederate notes, did not, in the absence of all averment that the complainant was induced to take them by fraudulent misrepresentations of •the decedent, afford ground for the interposition of a court of equity. The decree was accordingly Affirmed.

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The CHIEF JUSTICE

delivered the opinion of this court, to the effect, that the vendor whoso lien was set up not having been made a party, and there not being any allegations of notice to the grantor of the'complainant, of the alleged lien for purchase-money, no ground of relief was shown by the bill as to' this lien.

And that upon the principles of Thorington v. Smith, just preceding, the fact that the land was sold for Confederate notes, did not, in the absence of all averment that the complainant was induced to take them by fraudulent misrepresentations of •the decedent, afford ground for the interposition of a court of equity. The decree was accordingly Affirmed.

Dean v. Younell's Administrator, 75 U.S. 14, 19 L. Ed. 365, 8 Wall. 14, 1868 U.S. LEXIS 1077 (1869).

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