Wambaugh v. Gates
New York Court of Chancery
This was an appeal, by the defendants, from a decree of the vice chancellor of the sixth circuit. The facts in the case, as they appeared from the pleadings and proofs, were as follows: Jonathan Boyer died in January, 1828, seised of a valuable farm at Big Flats, in Chemung county, and of other real property in this state and in the state of Pennsylvania, and was possessed of some personal property.
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This was an appeal, by the defendants, from a decree of the vice chancellor of the sixth circuit. The facts in the case, as they appeared from the pleadings and proofs, were as follows: Jonathan Boyer died in January, 1828, seised of a valuable farm at Big Flats, in Chemung county, and of other real property in this state and in the state of Pennsylvania, and was possessed of some personal property. By his will he devised to his son Philip Boyer a lot of land, containing fifty acres, on the south side of the Tioga river, in the town of Big Flats; also a leasehold lot of fifty acres, depending…
1Opinion of the Court
The Chancellor.
The decree in this case is clearly erroneous, and inequitable, in relation to the rights of some of the-defendants in the former suit, who are not parties to this suit. For, by directing the master to proceed and sell the premises, devised to S. Boyer, under the former decree, and to charge. ,the debt of the present complainant upon the proceeds of such sale, for which debt the premises were not holden in the hands of Poult-ney and Ellicott, they are indirectly made liable not only for the payment of the complainant’s debt, but also of all the costs of the litigation in this…
2Cited by17 opinions
- Weed v. . WeedNew York Court of Appeals · 1883
- Miles v. StrongSupreme Court of Connecticut · 1892
- Dodge v. . StevensNew York Court of Appeals · 1883
- Tekai Corp. v. Transamerica Title Ins. Co.Colorado Court of Appeals · 1977
- Rogers v. PattersonNew York Supreme Court · 1894
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