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Wesley Vs. Eells

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  • US Supreme Court
  • Apr 09, 1900

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50 entries 3 linked 47 unlinked
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  1. Tindal Vs. Wesley US Supreme Court · May 10, 1897
  2. Willard Vs. Tayloe US Supreme Court · Jan 01, 1869
  3. Mccabe Vs. Matthews US Supreme Court · Jan 07, 1895
  4. U.S. 370 (1900) U.S. Supreme Court Wesley v. Eells
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  5. U.S. 370 (1900) Wesley v. Eells
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  6. s cost. In the memorandum of evidence used by stipulation of the parties, reference was made to the case of Tindal v. Wesley
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  7. These extracts indicate the scope of the decision in Tindal v. Wesley
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  8. on the Alexander bond and mortgage. But as will be seen from an examination of the cases of State ex Rel. Shiver v. Comptroller
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  9. General, 4 S.C. 185, and Auditor v. Treasurer
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  10. U. S. 376 was not at all marketable, and could not become such except by successful litigation. In Hennessey v. Woolworth
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  11. citing Willard v. Tayloe
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  12. Rutland Marble Co. v. Ripley
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  13. Seymour v. Delancey
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  14. Johns.Ch. 222, 224. To the same effect are McCabe v. Matthews
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  15. Rust v. Conrad
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  16. Petty v. Roberts
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  17. Huntington v. Rogers
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  18. equity will not compel specific performance if under all the circumstances it would be inequitable to do so. Starnes v. Newsom
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  19. Parish v. Oldham
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  20. Clowes v. Higginson
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  21. be compelled to take a title about which doubt may reasonably exist or which may expose him to litigation. Morgan v. Morgan
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  22. Tiffin v. Shawhan
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  23. and authorities there cited. One of the grounds upon which a decree for specific performance was denied in Hepburn v. Auld
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  24. the defendant the necessity of bringing a suit to perfect his title. The principle is well illustrated in Jeffries v. Jeffries
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  25. reasonably be expected to expose the purchaser to controversy to maintain his title or rights incident to it. Richmond v. Gray
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  26. Sturtevant v. Jaques
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  27. Hayes v. Harmony
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  28. So, in Lowry v. Muldrow
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  29. other American cases announce the same rule. The principle is also illustrated in many English cases. In Parker v. Tootal
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  30. it was said to be an established rule of equity not to compel a purchaser to take a doubtful title. In Rose v. Calland
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  31. were given why the plaintiff could not make a sufficient title, one of which was that the Court of Exchequer, in Nagle v. Edwards
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  32. for upon the case in the Court of Exchequer, Nagle v. Edwards
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  33. So, in Price v. Page
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  34. In Pyrke v. Waddingham
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  35. U.S. Supreme Court Wesley v. Eells
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  36. of Tindal v. Wesley
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  37. Rel. Shiver v. Comptroller
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  38. and Auditor v. Treasurer
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  39. In Hennessey v. Woolworth
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  40. Starnes v. Newsom
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  41. Morgan v. Morgan
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  42. Hepburn v. Auld
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  43. Jeffries v. Jeffries
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  44. Richmond v. Gray
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  45. Lowry v. Muldrow
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  46. In Parker v. Tootal
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  47. In Rose v. Calland
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  48. Nagle v. Edwards
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  49. the Court of Exchequer, Nagle v. Edwards
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  50. Price v. Page
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