eBook details
- Title: William Peirsoll and Others, Appellants v. James Elliott and Others
- Author : United States Supreme Court
- Release Date : January 01, 1832
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This is an appeal from a decree of the court of the United States for the seventh circuit and district of Kentucky, dismissing the plaintiffs bill filed in that court, with costs. The bill states that the plaintiffs are the heirs and representatives of Sarah G. Elliott, deceased, who departed this life intestate, seised of a valuable estate in the county of Woodford, which descended to them. That in her life time, in the year 1813, James Elliott, her husband, caused a deed to be made and recorded, purporting to be executed by the said Sarah G. and himself, for the purpose of conveying the said land to Benjamin Elliott, who immediately re-conveyed the same to the said James Elliott. The complainants allege, that this deed was never properly executed by their ancestor; that she was induced by the said James to believe, that it conveyed only an estate for her life; that she was prevailed on under this belief to accompany him to the clerk's office, where she acknowledged the said deed without any privy examination, which is required by law. The deed was recorded on her acknowledgement without any certificate of privy examination. The said Sarah G. departed this life in the year 182, soon after which her heirs brought an ejectment in the circuit court for the recovery of the land. While it was depending, in November 1823, the said James Elliott, having failed in an attempt to induce the clerk to alter the record, prevailed on the county court of Woodford, on the motion of Benjamin Elliott, to make the following order.