Murray v. Finster
New York Court of Chancery
THE plaintiff Winter was a trustee of certain lands in Cosby’s manor, and other tracts, to and for Patrick Heatley, the owner, who has since released the estates to Temperance Green.
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THE plaintiff Winter was a trustee of certain lands in Cosby’s manor, and other tracts, to and for Patrick Heatley, the owner, who has since released the estates to Temperance Green. A bill was filed, in 1809, against Winter for a breach of trust, and an injunction issued to prevent his selling or disposing of the trust property, or the proceeds thereof ; and, by a subsequent order of the Court, he was superseded in the further execution of the trust, and the plaintiff Murray was appointed, in his stead, a receiver on the said estates, and authorized to use the name of Winter in any suits…
1Opinion of the Court
The Chancellor.
*157£ * jgg j
*156Neither the plea nor answer deny notice of the pendency of the suit, and of the claim of Mrs. Green, prior to the payment to Winter of the purchase money. The denial of notice was essential to the validity of the defence. (1 Johns. Ch. Rep. 302.575.) But here is positive proof of notice prior to the payment of the money. The money was paid in 1812, and the defendant was duly warned long before. I have considered Henry Green as a competent witness. He has no direct or certain interest in the *157suit. The estate is in his mother, and under her control, and subject to her…
2Cases cited1 opinion
- Frost v. BeekmanNew York Court of Chancery · 1814
3Cited by7 opinions
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
- Doe ex dem. Chaudron v. MageeSupreme Court of Alabama · 1845
- Moody v. MillenSupreme Court of Georgia · 1898
- Green v. SlayterNew York Court of Chancery · 1819
- Phelps v. ElliottU.S. Circuit Court for the District of Southern New York · 1888
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