Barribeau and Perry v. Brant - 58 U.S. 43 (1854)


U.S. Supreme Court

Barribeau and Perry v. Brant, 58 U.S. 17 How. 43 43 (1854)

Barribeau and Perry v. Brant

58 U.S. (17 How.) 43

Syllabus

Where the death of a party complainant was suggested at December term, 1851, of this Court, and his legal representatives did not appear by the tenth day of this term, the bill must, as to him, be entered, abated under the 61st rule of this Court.

As to the other complainant, the allegation that a deed which she executed ought to be set aside upon the ground of fraud and misrepresentation and inadequacy of price is not sustained by the evidence, nor is the allegation that she was a joint tenant, and not a tenant in common, sustained by a construction of the deed.

Where the complainant, after filing his bill, conveyed all his interest to a trustee and died pending an appeal which he took to this Court, the trustee cannot be permitted to be made a party to the proceedings in this Court. The only persons who can appear in the stead of the complainant are those who, upon his death, succeed to the interest he then had and upon whom the estate then devolves.

The case is stated in the opinion of the Court.



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