Stilwell v. Carpenter
New York Court of Appeals
This was a, reargument. The case, as decided upon the former argument, is reported in 59 New York (p. 414), where will be found a statement more in detail of the facts.
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This was a, reargument. The case, as decided upon the former argument, is reported in 59 New York (p. 414), where will be found a statement more in detail of the facts. The action was brought to set aside a sale on execution, and a sheriff’s deed of certain premises of which Sylvanus B. Stilwell, plaintiff’s testator, died seized, on the ground that the judgment upon which, the execution was issued had been released; and also to set aside a surrogate’s decree directing a payment by plaintiff, as executrix, of the balance uncollected on the judgment, on the ground of fraud. The judgment was…
1Opinion of the Court
Folger, J.,
reads for reversal and new trial.
All concur; Rapallo and Andbews, JJ., in result.
Judgment reversed.
2Cited by23 opinions
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Leonard v. . PierceNew York Court of Appeals · 1905
- Rose v. Third Nat. BankCourt of Appeals of Tennessee · 1944
- In Re the Accounting of ThompsonNew York Court of Appeals · 1906
- Thomas v. CarsonNebraska Supreme Court · 1896
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