Lansing v. Russell
New York Supreme Court
In Equity.] The plaintiffs filed their bill in 1844, in the late, court of chancery, before the chancellor, and the cause was transferred to the supreme court by force of the constitution of 1846, and the judiciary act of 1847. The object of the bill was to set aside two deeds purporting to have been executed by the late Cornelius Lansing, on the 30th November, 1841, one to David Russell of a farm in Salem, and the other to Alida the wife of the said David, of a farm in…
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In Equity.] The plaintiffs filed their bill in 1844, in the late, court of chancery, before the chancellor, and the cause was transferred to the supreme court by force of the constitution of 1846, and the judiciary act of 1847. The object of the bill was to set aside two deeds purporting to have been executed by the late Cornelius Lansing, on the 30th November, 1841, one to David Russell of a farm in Salem, and the other to Alida the wife of the said David, of a farm in Lansingburgh, being a part of the homestead of the said Cornelius. The last will and testament of the said Cornelius…
1Opinion of the CourtBy the Court. Willard, P. J.
I. The verdict of the jury on the first trial having been in favor of the defendants on all the issues, and the chancellor having refused to grant a new trial, so far as the deed to David Russell, of the Salem farm, is concerned, this court cannot regularly, while that order is in *519force, entertain a motion to set aside that deed. Had the chancellor continued in office, he certainly would not have listened to a motion of this kind. On a proper state of facts, he might have permitted a rehearing, if the application for that purpose had been made in time. This court, having succeeded to the…
2Cases cited4 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Hammond v. WadhamsMassachusetts Supreme Judicial Court · 1809
- Scribner v. CraneNew York Court of Chancery · 1830
- Ward v. CenterNew York Supreme Court · 1808
3Cited by17 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- State v. PikeSupreme Court of New Hampshire · 1870
- Brock v. BarnesNew York Supreme Court · 1863
- Adams v. Munter & BrotherSupreme Court of Alabama · 1883
- Williams v. HayesWisconsin Supreme Court · 1887
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