Neilson v. M'Donald
New York Court of Chancery
THE bill, filed January 25, 1821, stated, that hi November, 1820, the defendants, M‘Donald and Franklin Livingston, caused a fi. fa. to be issued on a judgment obtained by them against the plaintiff, in Jlugust, 1819, for 483 dollars and 62 cents, which was delivered to the defendant, W. Griffith, as deputy of the Sheriff of the county of Saratoga, while the plaintiff was absent at the city of New-York.
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THE bill, filed January 25, 1821, stated, that hi November, 1820, the defendants, M‘Donald and Franklin Livingston, caused a fi. fa. to be issued on a judgment obtained by them against the plaintiff, in Jlugust, 1819, for 483 dollars and 62 cents, which was delivered to the defendant, W. Griffith, as deputy of the Sheriff of the county of Saratoga, while the plaintiff was absent at the city of New-York. That Griffith, by virtue of the execution, seized all the plaintiff’s personal property, consisting of horses, cattle, sheep, grain, &tc. farming utensils, household furniture, &c. of the…
1Opinion of the Court
The Chancellor.
Before I enter on the discussion of the merits of this case, I must dispose of a preliminary qluestion, respecting the competency of the testimony of the defendants, G. and L., who were examined as witnesses for their co-defendants, saving all just exceptions.
Whether a party charged with combininSafraudheagainst which She,"there-a1 party mt,ut no particular for6 against wítnesffor his co-defendants, though hable ibr costs,
*' Those defendants are charged as parties to a fraudulent combination to oppress the plaintiff,' and by means of which the bond and mortgage, in question,…
2Cited by11 opinions
- Van Dyke v. WoodAppellate Division of the Supreme Court of the State of New York · 1901
- Aronoff v. LevineAppellate Division of the Supreme Court of the State of New York · 1919
- Richardson v. BarrickSupreme Court of Iowa · 1864
- Swortzell v. MartinSupreme Court of Iowa · 1864
- Sylvan Mortgage Co. v. StadlerCity of New York Municipal Court · 1920
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