From Casetext: Smarter Legal Research

Hamilton v. Cummings

Supreme Court of Kansas
Jul 9, 2003
276 Kan. 968 (Kan. 2003)

Summary

In Hamilton v. Cummings, 1 Johns. Ch. 517, Chancellor Kent reviews the early common-law authorities upon the subject, and concludes that "the weight of authority and the reason of the thing are equally in favor of the jurisdiction the court, whether the instrument is or is not void at law, and whether it be void from matter appearing on its face, or from proof taken in the cause, and that these assumed distinctions are not well founded.

Summary of this case from Sipola v. Winship

Opinion

No. 88,971.

July 9, 2003.

Reported below Unpublished.


Petition for review denied.


Summaries of

Hamilton v. Cummings

Supreme Court of Kansas
Jul 9, 2003
276 Kan. 968 (Kan. 2003)

In Hamilton v. Cummings, 1 Johns. Ch. 517, Chancellor Kent reviews the early common-law authorities upon the subject, and concludes that "the weight of authority and the reason of the thing are equally in favor of the jurisdiction the court, whether the instrument is or is not void at law, and whether it be void from matter appearing on its face, or from proof taken in the cause, and that these assumed distinctions are not well founded.

Summary of this case from Sipola v. Winship

In Hamilton v. Cummings (1 Johns. Ch. 517) Chancellor KENT reviewed at length and with great care the English authorities relating to the power of a court of equity to compel the cancellation of instruments which might be enforced by an action at law, and to which there were defenses which might or might not be available at law.

Summary of this case from St. Stephen's Church v. Church of Transfiguration
Case details for

Hamilton v. Cummings

Case Details

Full title:HAMILTON v. CUMMINGS

Court:Supreme Court of Kansas

Date published: Jul 9, 2003

Citations

276 Kan. 968 (Kan. 2003)

Citing Cases

Lewis v. Tobias

COUNSEL:          The case, as made by the complaint and the proof, is not one calling for the interposition…

St. Stephen's Church v. Church of Transfiguration

It is true that the rule thus contended for is generally applied in actions to remove clouds on title, but it…