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Townsend Vs. Vanderwerker
Cites for this judgment
- US Supreme Court
- Dec 16, 1895
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U.S. 171 (1895) U.S. Supreme Court Townsend v. VanderwerkerSearch
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U.S. 171 (1895) Townsend v. VanderwerkerSearch
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to the residue, if any, he stand as a general creditor of her estate. The case is not unlike that of Wylie v. CoxeSearch
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it probably beyond the reach of the complainant. Still more nearly analogous in principle is the case of Seymour v. FreerSearch
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a bill as for a specific performance, and award damages to the plaintiff. This was the distinct ruling in Denton v. StewartSearch
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had sustained and decreed that such damages should be paid by the defendant. A similar ruling was made in Greenaway v. AdamsSearch
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although the Master of the Rolls indicated a doubt with regard to the soundness of the principle announced in Denton v. StewartSearch
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In Gwillim v. StoneSearch
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for delivering up the contract, without prejudice to an action, instead of an inquiry before the master. In Todd v. GeeSearch
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Ves. 273, the case of Denton v. StewartSearch
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This case was followed in Ferguson v. WilsonSearch
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s claim for damages failed also. The principle of these cases was also adopted by Chancellor Kent in Kempshall v. StoneSearch
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so much as he is still able to perform, and plaintiff may recover damages for the residue. Thus, in Burrow v. ScammellSearch
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Bostwick v. BeachSearch
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to him, and we think it is not beyond the power of a court of equity to entertain a bill for this purpose. Sullivan v. O'NealSearch
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contract, is such a part performance as will support the bill. This Court so expressly decided in the case of Neale v. NealeSearch
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Wall. 1. And in Brown v. SuttonSearch
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Similar cases of promises to convey property upon the consideration of support are frequent in the books. Gupton v. GuptonSearch
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Sutton v. HaydenSearch
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Hiatt v. WilliamsSearch
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Watson v. MahanSearch
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Twiss v. GeorgeSearch
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Warren v. WarrenSearch
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Patterson v. PattersonSearch
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Wills v. StradlingSearch
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Mundy v. JolliffeSearch
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Williams v. EvansSearch
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with any other theory than that he took possession of the lot for the purpose of erecting the house. Whitsitt v. TrusteesSearch
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such possession was evidently with no intention to abandon the interest he had already acquired in the property. Drum v. StevensSearch
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whether it would have the same effect as to one who stood in plaintiff's relation to the property. Howard Ins. Co. v. HalseySearch
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Bates v. NorcrossSearch
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James v. BrownSearch
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Cooper v. BiglySearch
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Iglehart v. CraneSearch
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Doolittle v. CookSearch
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in failing to institute proceedings before he did. In this case, we think the delay is fully explained. Gunton v. CarrollSearch
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U.S. Supreme Court Townsend v. VanderwerkerSearch
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of Wylie v. CoxeSearch
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of Seymour v. FreerSearch
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Denton v. StewartSearch
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Greenaway v. AdamsSearch
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In Todd v. GeeSearch
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of Denton v. StewartSearch
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Ferguson v. WilsonSearch
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Kempshall v. StoneSearch
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Burrow v. ScammellSearch
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Sullivan v. O'NealSearch
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of Neale v. NealeSearch
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Brown v. SuttonSearch
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