Neale v. Neales
Citations
- 76 U.S. 1
- 19 L. Ed. 590
- 9 Wall. 1
- 1869 U.S. LEXIS 932
Syllabus
<p>1. In the absence of obligatory rules of court to the contrary, a court of equity, after a cause has been heard and a case for relief made out, but not the case disclosed by the bill, has power to allow an amendment of the pleadings on terms that the party not in fault has no reasonable ground to object to.</p> <p>2. And this amendment will be allowed on a bill for specific performance, where the subj ect-matter and general purpose of both bills is the same, and the contract, consideration, promise, and acts of part performance, stated in the amended bill, are stated with sufficient precision, and are supported by proofs, taken under the original bill, which entitle the complainants to the relief which they seek.</p> <p>8. Equity protects a parol gift of land equally with a parol agreement to sell it, if accompanied by possession, and the donee, induced by the promise to give it, has made valuable improvements on the property. And this is particularly true where the donor stipulates that the expenditure shall be made, and by doing this makes it the consideration or condition of the gift.</p> <p>4. The principle applied in the case of an antenuptial parol promise, by a father, to give to a lady about to marry his son (an improvident person), a lot of ground, she promising at the time to lay out her own money in building a house upon it, for the benefit of herself and family; and where possession was delivered and the house was so built, but the father refused to convey the lot. -</p> <p>5 In case of an alleged contract, by a father, of this kind, reasonable certainty as to the fact and terms of it is all that equity requires.</p> <p>6. The breach of such a contract is not to be compensated by damages, nor is the purpose of the contract so answered. It is a case for specific performance.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Courts can generally make a legally binding adjudication only between the parties actually joined in the action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis
Read full opinion on CourtListenerCited by
54 cases in this archive cite this case; the 20 most cited are listed.
- In Re Sanford Fork & Tool Co.Supreme Court· 1895-12-23· cited 544×
- Richmond v. IronsSupreme Court· 1887-03-28· cited 306×
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court· 1892-01-04· cited 174×
- Graffam v. BurgessSupreme Court· 1886-03-08· cited 168×
- Townsend v. VanderwerkerSupreme Court· 1895-12-16· cited 116×
- Hardin v. BoydSupreme Court· 1885-03-16· cited 90×
- Murphy v. StellTexas Supreme Court· 1875-07-01· cited 37×
- Baldwin v. BaldwinSupreme Court of Kansas· 1906-02-10· cited 32×
- Riggles v. ErneySupreme Court· 1894-05-26· cited 31×
- Frame v. FrameWest Virginia Supreme Court· 1889-06-26· cited 31×
- Hardesty v. RichardsonCourt of Appeals of Maryland· 1876-06-15· cited 31×
- Curran v. MageeMassachusetts Supreme Judicial Court· 1923-01-26· cited 26×
- Lakin v. Sierra Buttes Gold Min. Co.U.S. Circuit Court· 1885-10-26· cited 26×
- Peek v. PeekCalifornia Supreme Court· 1888-09-22· cited 24×
- Church v. HolcombMichigan Supreme Court· 1880-11-10· cited 22×
- Smith v. BohlerSupreme Court of Georgia· 1884-05-13· cited 20×
- Howell v. EllsberrySupreme Court of Georgia· 1888-01-23· cited 19×
- Yee Hop v. Young Sak ChoHawaii Supreme Court· 1920-05-26· cited 17×
- Halsey v. Peters'Supreme Court of Virginia· 1884-05-01· cited 17×
- West v. BundySupreme Court of Missouri· 1883-10-15· cited 17×
Sourced from CourtListener / Free Law Project (CC0).
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