Legal Opinion

Loomer v. Wheelwright

New York Court of Chancery

Decided December 22, 1845PublishedCited by 3 opinions

The bill in this cause, filed January 16th, 1844, by Charles W. Loomer, an infant aged sixteen years, who prosecuted by William T. Whittemore, his next friend, set forth the following facts: On the 1st day of Mfiy, 1837, Otis Loomér and Jane T. his wife, the father and mother of the complainant, executed to Paul Spofford, Thomas Tileston, and Benjamin F. Wheelwright, the defendant, as collateral security fox Otis Loomer’s bond of the same date for $25,000, payable in one…

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The bill in this cause, filed January 16th, 1844, by Charles W. Loomer, an infant aged sixteen years, who prosecuted by William T. Whittemore, his next friend, set forth the following facts: On the 1st day of Mfiy, 1837, Otis Loomér and Jane T. his wife, the father and mother of the complainant, executed to Paul Spofford, Thomas Tileston, and Benjamin F. Wheelwright, the defendant, as collateral security fox Otis Loomer’s bond of the same date for $25,000, payable in one year with interest, a mortgage on six stores and lots in the city of New York, known as numbers 187 and 189 Pearl street,…

1Opinion of the Court

The Assistant Vice-Chancellor.

The bill seeks to set aside as fraudulent, a decree of this court obtained by Mr. Wheelwright against the infant who is now complainant, in February, 1842; by which the lands remaining subject to the mortgage in question, were ordered to be sold, and the equity of redemption of the infant was foreclosed.

That an original bill will lie for this purpose, is too well settled to need a reference to authority.

But it is objected by the defendant, that this bill, if it were all true, does not present a case of fraud in obtaining the decree; and that the matters averred…

2Cases cited1 opinion

  1. Eddy v. TraverNew York Court of Chancery · 1837

3Cited by3 opinions

  1. Filler v. TylerSupreme Court of Virginia · 1895
  2. Erie County Savings Bank v. . RoopNew York Court of Appeals · 1880
  3. Hassey v. WilkeCalifornia Supreme Court · 1880

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