Livingston v. Hubbs
New York Court of Chancery
PETITION of the defendant, Hubbs, for leave to file a bill of review. After stating the substance of the original-bill, and answer, and evidence on which the decree was made, (vide S. C., vol. 2. p. 512.) the defendant stated, that since the decree, he had discovered that several of the witnesses of the plaintiff, who had, in their testimony contradicted the statement in his answer, had mistaken the land in question, and had testified respecting lands adjoin-mg thereto, or…
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PETITION of the defendant, Hubbs, for leave to file a bill of review. After stating the substance of the original-bill, and answer, and evidence on which the decree was made, (vide S. C., vol. 2. p. 512.) the defendant stated, that since the decree, he had discovered that several of the witnesses of the plaintiff, who had, in their testimony contradicted the statement in his answer, had mistaken the land in question, and had testified respecting lands adjoin-mg thereto, or had confounded it with the adjoining lands, so that their evidence was irrelevant; and that, by the fraudulent…
1Opinion of the Court
The Chancellor.
The question, whether the representations of the defendant, Hubbs, as to the quality of the tract of land in Pennsylvania, and mentioned in the pleadings, were true or false, was one of the matters of fact, in issue, in the cause. The defendant was charged, in the bill, with gross misrepresentations on that point, and the charge was denied in the answer, and put at issue. The defendant’s attention was called to the very fact, and he was bound to use reasonable diligence in bringing forward his proof on that point. The necessity of a reasonably active diligence, ii) the first…
2Cited by30 opinions
- Jenkins v. EldredgeU.S. Circuit Court for the District of Massachusetts · 1845
- Dexter v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1829
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Baker v. WhitingUnited States Circuit Court · 1840
- Boyden v. ReedIllinois Supreme Court · 1870
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