Jacob v. Waters
New York Court of Chancery
THE original bill, in this cause, was filed, in 1802, in the name of Ezekiel Travis, for a specific performance of a contract for the sale of land, and for an account. It stated, among other things, that the plaintiff took possession under the agreement, and made several payments ; and that the defendant had since commenced an action of ejectment, to recover possession of the premises, and had obtained a verdict at law.
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THE original bill, in this cause, was filed, in 1802, in the name of Ezekiel Travis, for a specific performance of a contract for the sale of land, and for an account. It stated, among other things, that the plaintiff took possession under the agreement, and made several payments ; and that the defendant had since commenced an action of ejectment, to recover possession of the premises, and had obtained a verdict at law. The cause was put at issue, and much contradictory testimony given, respecting the alleged payments, and a feigned issue was awarded to ascertain the fact of certain payments,…
1Opinion of the Court
The Chancellor.
The first objection to the decree of the 8tli of October, 1813, for costs, was, that the question of costs was not reserved in the decree of the 31st of May preceding, and that as the decree was silent as to costs, and was a final decree, they were gone or waived, and could not afterwards be awarded, unless on application for a rehearing, • and for opening the decree, which was not attempted.
I have no doubt that the decree of May, 1813, is to be regarded as the final decree in the cause. It was made upon the coming in of the master’s report, ascertaining the lands to be…
2Cited by4 opinions
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- Lucas v. MorseMassachusetts Supreme Judicial Court · 1885
- Naddo v. BardonU.S. Circuit Court for the District of Minnesota · 1891
- In re the Accounting of McCormickNew York Surrogate's Court · 1899