Peck v. Woodbridge
U.S. Circuit Court for the District of Connecticut
WRIT of error. This was an action on the case for a fraud, practised by Peck, in obtaining a decree in chancery against Wood-bridge. The declaration stated, that Woodbridge, on the 1st of January, 1773, became vested with the title to a certain piece of land, subject to a right of redemption by Noah Rust, and Elizabeth, the wife of Peck, children, and only heirs of Noah Rust, deceased, by whom the land was originally mortgaged.
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WRIT of error. This was an action on the case for a fraud, practised by Peck, in obtaining a decree in chancery against Wood-bridge. The declaration stated, that Woodbridge, on the 1st of January, 1773, became vested with the title to a certain piece of land, subject to a right of redemption by Noah Rust, and Elizabeth, the wife of Peck, children, and only heirs of Noah Rust, deceased, by whom the land was originally mortgaged. In 1782, those heirs brought a bill for liberty to redeem the mortgaged premises; whereupon the court decreed, that upon their paying the mortgage debt within a…
1Opinion of the Court
[Reeve, J.
There, the court went on the ground of relieving against a penalty .J
The defendant in error has obtained all the redress to which he is entitled by his bill in chancery. He sought, in his bill, complete redress; it was competent to chancery to grant complete redress; he cannot be permitted now to say that he has not obtained it. Can he then sustain an action at law for further redress?
But suppose the powers of chancery incompetent, and that an action may be brought to recover damages; in *34that case, no damages can be given lor any thing subset qucnl to the date of the writ. Brasfield…
2Cited by26 opinions
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- Rathkopf v. PearsonSupreme Court of Connecticut · 1961
- Michaels v. PostSupreme Court of the United States · 1874
- Crocker v. CraneNew York Supreme Court · 1839
- Dresser v. BrooksNew York Supreme Court · 1848
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