Williamson v. Field's Executors
New York Court of Chancery
The bill in this cause was filed on the tenth day of July 1842, by Charles A. Williamson and Catharine H. his wife, Rupert J. Cochran and Isabella M. his wife, and Bayard Clarke; (the latter, with the two married women, being the only children of Thomas B. Clarke, formerly of the city of New York, deceased, who survived their father;) against Hickson W. Field and, John M. Bradhurst, the sole acting executors and trustees of the last will and testament of Moses Field, late of…
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The bill in this cause was filed on the tenth day of July 1842, by Charles A. Williamson and Catharine H. his wife, Rupert J. Cochran and Isabella M. his wife, and Bayard Clarke; (the latter, with the two married women, being the only children of Thomas B. Clarke, formerly of the city of New York, deceased, who survived their father;) against Hickson W. Field and, John M. Bradhurst, the sole acting executors and trustees of the last will and testament of Moses Field, late of the same city, deceased ; and against his seven infant children who were his devisees and legatees, as well as his…
1Opinion of the Court
The Assistant Vice-Chancellor.
is no doubt but that the decree of this court upon the foreclosure of the mortgage of Mapes and Oakley, is final and conclusive upon the complainants, not only as to the validity of that mortgage, but as to their right to redeem the lands in question, if they were properly represented in the foreclosure suit.
They were all in being before that mortgage was executed, but neither of them was made a party defendant in the suit; and Clement the eldest child of Thomas B. Clarke, who survived till after the sale under the mortgage, was also omitted in the proceedings…
2Cases cited17 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Moore v. LyonsNew York Supreme Court · 1840
- Cochran v. Van SurlayNew York Supreme Court · 1838
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
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3Cited by9 opinions
- Walker v. AlversonSupreme Court of South Carolina · 1910
- Landon v. . TownshendNew York Court of Appeals · 1889
- Mercantile Bank of New York v. Ballard's AssigneeCourt of Appeals of Kentucky · 1885
- Whitney v. HigginsCalifornia Supreme Court · 1858
- Calkins v. CalkinsNew York Supreme Court · 1848
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