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Gaines Vs. Chew
Cites for this judgment
- US Supreme Court
- Jan 01, 1844
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U.S. 619 (1844) U.S. Supreme Court Gaines v. ChewSearch
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U.S. 2 How. 619 619 (1844) Gaines v. ChewSearch
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of principle between the cases is not easily perceived. It is well remarked by Lord Cottenham, in Campbell v. MackaySearch
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Attorney General v. CradockSearch
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against a will fraudulently obtained. And there are cases where chancery has exercised such a jurisdiction. Maundy v. MaundySearch
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Welly v. ThornaghSearch
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Goss v. TracySearch
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In other cases such a jurisdiction has been disclaimed though the fraud was fully established, as in Roberts v. WynneSearch
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Archer v. MossSearch
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Vern. 8. In another class of cases, the fraudulent actor has been held a trustee for the party injured. Herbert v. LawnesSearch
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Thynn v. ThynnSearch
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Devenish v. BanesSearch
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Barnesly v. PowellSearch
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cases present no very satisfactory result as to the question under consideration. But since the decision of Kenrick v. BransbySearch
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Bro.P.C. 358, and Webb v. CleverdenSearch
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by a fraudulent will, relief may be had in the ecclesiastical court, and at law, on a devise of real property. Bennett v. VadeSearch
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Gingoll v. HorneSearch
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Jones v. JonesSearch
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And in Clappier v. BanksSearch
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which has never been proved cannot be set up as evidence of title in an action of revendication. In Armstrong v. AdministratorsSearch
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of probate, though it may have been effective, as a will in the foreign country where it was made. In Tarver v. TarverSearch
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chancery may not afford a remedy where the right is clear, by establishing the will of 1813. In the case of Barnesly v. PowellSearch
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present, we will refer to the doctrine on this subject as established by the Louisiana courts. The case of O'Donagan v. KnoxSearch
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The court cites Page 43 U. S. 649 Lewis' heirs v. HisSearch
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was reversed on the ground that it had jurisdiction of the case. The above doctrine is fully affirmed in Robert v. Allier'sSearch
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standing in full force. Such is the doctrine in the English Court of Chancery as will be seen by the cases of Archer v. MosseSearch
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Beale v. PlumeSearch
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P.Wms. 388, and which are confirmed by the case of Kenrick v. BarnsbySearch
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in the House of Lords, 7 Bro.P.C. 437. Nor do the doubtful suggestions of Lord Hardwicke in Barnsby v. PowelSearch
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U.S. Supreme Court Gaines v. ChewSearch
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Campbell v. MackaySearch
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Maundy v. MaundySearch
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Roberts v. WynneSearch
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Herbert v. LawnesSearch
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of Kenrick v. BransbySearch
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and Webb v. CleverdenSearch
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Bennett v. VadeSearch
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Clappier v. BanksSearch
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In Armstrong v. AdministratorsSearch
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In Tarver v. TarverSearch
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of Barnesly v. PowellSearch
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of O'Donagan v. KnoxSearch
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Robert v. Allier'sSearch
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of Archer v. MosseSearch
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of Kenrick v. BarnsbySearch
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Barnsby v. PowelSearch
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