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2 Johns. Ch. 545

Johnson v. Gere

New York Court of Chancery

Decided September 8, 1817

New York Court of Chancery · decided 1817-09-08

[ * 547 ] THE bill stated, that the defendant and John M. Pierson were seised in fee, as tenants in common, of four acres of land, in the village of Ithica. That Pierson died ; and, by will, devised his property to his wife Amelia, and made her and two others his executors. That she and the defendant made partition of the land, and the east part, or two and a half acres, was released by her to the defendant, and the residue released by him to her.

Good law ✅— No negative treatment on recordhow we know

Decided 1817-09-08

How this case has been cited

Cited by 7 later decisions — most recently November 1904

1 federal appellate · 4 state decisions

201817182018301840185018601870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Chancellor

¶1[ *548 ]

¶2granted the injunction, and distinguished case was an an outstanding title, and no disturbance, prosecution, or eviction thereon. Here, he said, the party was actually prosecuted by an action of ejectment, on the ground that the title derived from the defendant was defective. The defendant is entitled, and it will be his duty to defend the ejectment suit; and until that suit is disposed *of, he ought not to recover the remaining moneys due on the bond.

¶3Injunction granted.

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