Doe v. Roe
New York Supreme Court
' This was a feigned issue, directed out of the court of chancery, and tried before Mr. Justice Kent, at the circuit in New York, on the '24th July, 1799. The issue was, “ whether a certain deed alleged by the said Richard Roe, to have been made, executed, and delivered by one Cornelius Cozine, the. elder, deceased, in his lifetime, whereby he did give "and grant, bargain, sell, release, and convey unto his two sons, Cornelius Cozine, the younger, and.
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' This was a feigned issue, directed out of the court of chancery, and tried before Mr. Justice Kent, at the circuit in New York, on the '24th July, 1799. The issue was, “ whether a certain deed alleged by the said Richard Roe, to have been made, executed, and delivered by one Cornelius Cozine, the. elder, deceased, in his lifetime, whereby he did give "and grant, bargain, sell, release, and convey unto his two sons, Cornelius Cozine, the younger, and. Balm Johnson Cozine, and their heirs and assigns, all that certain tract. of land, On the trial, the following facts appeared: Cornelius…
1Per curiam
(Absente, the Chief Justice.) As it is suggested that further light can be thrown on the case, and *new evidence appears to have been discovered, [*405] we think, without expressing any opinion on the merits of the case, that a new trial ought to be granted, on the payment of costs.(a) We consider the paper offered at *482the trial and rejected, as a nullity, and wholly inadmissible; it is neither a record, nor a copy of a deed.
New trial granted.(a)
In the case of Doe v. Roe, 1 Cowen, 216, 217, the court say;—“Applications for a new trial upon, these feigned issues, have, in several instances, been…
2Cases cited1 opinion
- Apthorp v. ComstockNew York Court of Chancery · 1829
3Cited by8 opinions
- Armstrong v. CombsAppellate Division of the Supreme Court of the State of New York · 1897
- Van Cortlandt v. TozerNew York Supreme Court · 1838
- Chadwick v. WebberSupreme Judicial Court of Maine · 1824
- Starr v. StarkU.S. Circuit Court for the District of Oregon · 1874
- Aiken v. BemisU.S. Circuit Court for the District of Massachusetts · 1847
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