Samuel Nelson

Name: Collins v. Thompson — Opinion of the Court
Author: Samuel Nelson

Collins v. Thompson — Opinion of the Court

Summary

“Collins v. Thompson — Opinion of the Court”, is a work by Samuel Nelson. It explores elements such as complainant, solicitor and suit.

Quotes from Collins v. Thompson — Opinion of the Court (Samuel Nelson)

Samuel Nelson, Collins v. Thompson — Opinion of the Court

“ It is suggested in the bill, that the large sales made of the property in 1852-'53 afforded the complainant the first evidence of the great value of the estate; and it appears, from other portions of the case, that the increased and increasing value of the property had the effect to unsettle the views and opinions upon which he had acted in the settlement with his associates in February, 1851, and led to a strong desire to recall and review them. ”

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Source: Wikisource

Samuel Nelson, Collins v. Thompson — Opinion of the Court

“ It is useless to pursue the inquiry further, as the proofs in the case are all one way, and show that there is no foundation whatever, not even colorable, for the charge of fraud set forth in the bill.
Besides the entire want of proof to sustain it, the evidence shows that possession of the property was taken by the parties jointly, after the settlement, in the summer of 1851. Extensive and valuable improvements were made in the course of the years 1852-'53, under the direction of the complainant and others. ”

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Source: Wikisource

Samuel Nelson, Collins v. Thompson — Opinion of the Court

“ Now, the fraud alleged in the bill, and which is mainly relied on for setting aside this adjustment and division of the estate between the parties, is placed upon two grounds: 1. In obtaining the deed of the land, powers of attorney, and other stipulations relating to the title, dated the 13th January, 1844, preparatory to the institution of the suit in which the property was recovered; and 2. In the adjustment and division of the property among the several parties above mentioned, after the recovery had taken place, and which was consummated by the deed of 15th February, 1851. ”

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Source: Wikisource

Samuel Nelson, Collins v. Thompson — Opinion of the Court

“ In looking closely, however, into the case, and into the nature and grounds of the relief sought, and principles upon which it must be sustained, if at all, it will be found that the questions really involved, as well as the material facts upon which their determination depend, are few and simple, and call for no very extended discussion. ”

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Source: Wikisource

Samuel Nelson, Collins v. Thompson — Opinion of the Court

“ In 1844, Thompson, one of the defendants in the present suit, residing in the city of Mobile, and having some knowledge of the original title of Collins to the land, and of the means by which the heirs had been deprived of it, visited the complainant, then residing in Texas, and being the only surviving heir, with a view to purchase his title, or to obtain an arrangement with him in respect to it, so that a suit might be instituted for the recovery of the estate. An arrangement was agreed to accordingly, and a conveyance of the land executed by the complainant and his wife to Thompson ”

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Source: Wikisource

Samuel Nelson, Collins v. Thompson — Opinion of the Court

“ The answer of Cleveland, another of the defendants, is equally explicit. He states that the subject of the division was talked over at the office of the solicitor; that all expressed satisfaction at the division suggested, except Primrose, who objected to the allowance of two shares to the complainant, he insisting that the time and labor of others had chiefly contributed to the success of the suit, and that complainant had originally expressed a willingness to be content with a small sum ”

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Source: Wikisource

Samuel Nelson, Collins v. Thompson — Opinion of the Court

“ The bill was filed by Collins, to set aside certain conveyances of a tract of land situate in the city of Mobile, and particularly a deed from him to the defendants, bearing date the 15th February, 1851, on the ground of fraud and imposition in the procurement of said conveyances. ”

Samuel Nelson

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