Hawley v. Bennett.
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the seventh circuit, dismissing the complainant’s bill with costs. The original bill was filed by William James, against the deendant, Bennett, in 1831, to restrain the commission of waste ■ ..pan 100 acres of land in lot No. 32, in Marceilus, of which ..00 acres James claimed to be the owner in fee.
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This was an appeal from a decree of the vice chancellor of the seventh circuit, dismissing the complainant’s bill with costs. The original bill was filed by William James, against the deendant, Bennett, in 1831, to restrain the commission of waste ■ ..pan 100 acres of land in lot No. 32, in Marceilus, of which ..00 acres James claimed to be the owner in fee. On the 5th . f May, 1803, J. K. Beekman conveyed the whole of lot No. ."'2, in Marceilus, together with two other lots in the military :act, to Henry Corl, junior, for the consideration of $9000. On the 6th May, in the same year1, Corl…
1Opinion of the Court
The Chancellor,
The security to be given upon an appeal from a vice chancellor to the chancellor, is regulated by a rule of this court, and not by statute; although the rule refers to the statutory provisions on the subject of appeals to the court' for the correction of errors, to ascertain the nature of the security to be given, and the terms upon which the decree or order appealed from shall be suspended or affected by the appeal. This court therefore, upon such an appeal, may dispense with the strict letter of the rule, and may permit the bond to be approved by the proper officer, even…
2Cases cited1 opinion
- Jackson ex dem. Center v. CampbellNew York Supreme Court · 1822
3Cited by9 opinions
- Fort v. BurchNew York Supreme Court · 1848
- Mowry v. . SanbornNew York Court of Appeals · 1877
- Arnot v. McClureNew York Supreme Court · 1847
- Church v. HempstedAppellate Division of the Supreme Court of the State of New York · 1898
- Church v. HempstedAppellate Division of the Supreme Court of the State of New York · 1898
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