Mitchell v. Lenox
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. In April, 1830, the appellant filed his bill for an account against the respondents, as trustees under a voluntary assignment made by him on the 20th January, 1798, for the benefit of his creditors ; the balance, if any, to be paid to him.
Read the full summary
Appeal from chancery. In April, 1830, the appellant filed his bill for an account against the respondents, as trustees under a voluntary assignment made by him on the 20th January, 1798, for the benefit of his creditors ; the balance, if any, to be paid to him. The defendants answered acknowledging the execution of the deed of trust, but alleged that encountering difficulties in the execution of the trust, it was agreed between the trustees and the creditors of the appellant, that the trustees should transfer the property conveyed to them to three new trustees, viz. J. M’Evers, D. A. Ogden…
1Opinion of the Court
The following opinions were delivered:
By Mr. Justice Nelson.
The chancellor I think was right in laying out of consideration, the newly discovered evidence of the fact of the consent of Mitchell to the assignment to the new trustees, that was presented on the hearing of the appeal. The practice would be inconvenient and liable to abuse.
The language of the statute prescribing and regulating appeals fairly imports that the case is to be heard upon the pleadings and proofs as they existed in the court below. The chancellor is authorized to direct “ the manner in which appeals shall be brought to…
2Cited by3 opinions
- Reed v. ReedMassachusetts Supreme Judicial Court · 1874
- Bank of Orange County v. FinkNew York Court of Chancery · 1838
- Thompson v. TaylorNew York Supreme Court · 1878