United States Supreme Court Cases & Opinions

U.S. Supreme Court

Viers v. Montgomery, 8 U.S. 4 Cranch 177 177 (1807)

Viers v. Montgomery

8 U.S. (4 Cranch) 177

ERROR TO THE DISTRICT

COURT OF KENTUCKY

Syllabus

A court of equity will not interfere between a donee of land by deed and a devisee under a will of the donor in a case where there is no fraud.

Error to the District Court of Kentucky in a suit in chancery brought originally by Montgomery against W. M. Viers and Patsy his wife, late Patsy Henly, to compel the latter to convey to the former the legal estate in certain lands in Kentucky which one Ebenezer Brooks, since deceased, conveyed, by deeds dated 10 November, 1791, to the defendant's wife, while a widow, and which Brooks by his last will devised to the complainant Montgomery. The bill charged that the only consideration of the deeds from Brooks to Patsy Henly was that she should "take him as her husband," which she refused to do, but intermarried with the defendant, W. M. Viers. It did not aver that the complainant was of kin to the deceased or that he had any equitable claim other than as a devisee. Nor did it charge the defendant Patsy with any promise of marriage or any breach of such a promise, nor with fraud in obtaining the deeds. The will of Brooks, referred to in the bill, calls the complainant his friend and cousin. The deeds were of bargain and sale in fee, and purported to be in consideration of £1,100 Virginia currency, and contained a warranty against Brooks and all claiming under him.

Page 8 U. S. 178