Legal Opinion

Brinckerhoff v. Lansing

New York Court of Chancery

Decided July 19, 1819PublishedCited by 26 opinions

THE bill, which was filed the 4th of February, 1812, by John Brinckerhoff, JYathan Morey, and Aaron Wilcox, against Levinus Lansing, Otis Bates, and James Adams, stated, that Russel Forsyth obtained a judgment against the defendant, Bates, on the 5th of December, 1810; and that by virtue of a.fi.fa. issued thereon, a house and lot in Lansingburgh, was sold to the plaintiff B. for 1,100 dollars, and a deed accordingly executed to him by the sheriff, dated December 14, 1811,…

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THE bill, which was filed the 4th of February, 1812, by John Brinckerhoff, JYathan Morey, and Aaron Wilcox, against Levinus Lansing, Otis Bates, and James Adams, stated, that Russel Forsyth obtained a judgment against the defendant, Bates, on the 5th of December, 1810; and that by virtue of a.fi.fa. issued thereon, a house and lot in Lansingburgh, was sold to the plaintiff B. for 1,100 dollars, and a deed accordingly executed to him by the sheriff, dated December 14, 1811, That the plaintiff B., and Cx. II Van Wagenen, recovered a judgment against the defendant Bates, on the 28th of January,…

1Opinion of the Court

The Chancellor.

The claims of the three plaintiffs are entirely separate from each other, and rest on distinct grounds.

1. The plaintiff Wilcox, claims as a purchaser under the defendant Bates, and seeks to be relieved from the operation of a judgment of 1806, against Bates, in favour of the de■fendant Lansing. The counsel for the defendant Lansing, admitted, at the hearing, that the judgment complained of was satisfied; consequently, the plaintiff Wilcox, is entitled to the relief sought by the bill, and to have the defendant Lansing, perpetually enjoined from any proceeding upon that…

2Cases cited5 opinions

  1. Frost v. BeekmanNew York Court of Chancery · 1814
  2. Stevens v. CooperNew York Court of Chancery · 1815
  3. Williamson v. ParisienNew York Court of Chancery · 1815
  4. Denning v. SmithNew York Court of Chancery · 1818
  5. Gill v. LyonNew York Court of Chancery · 1815

3Cited by26 opinions

  1. Wiser v. LawlerSupreme Court of the United States · 1903
  2. Rundle v. . AllisonNew York Court of Appeals · 1866
  3. Jackson ex dem. Hyer v. Van ValkenburghNew York Supreme Court · 1828
  4. Cotton v. Atlas National BankMassachusetts Supreme Judicial Court · 1887
  5. Porter v. WheelerSupreme Court of Alabama · 1894

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