Roberts v. Anderson
New York Court of Chancery
[ * 203 ] THE bill stated, among other things, that the plaintiff Roberts, on the 22d of March, 1810, took an assignment from Aaron Lyon, of a bond and mortgage of William Griffith, for part of a lot, and a house thereon, in Newburgh, for which he paid Lyon the balance due on the mortgage: that the plaintiff Roberts took possession of the mortgaged premises, and also of the residue of the lot belonging to Griffith, who was his debtor, and absconded.
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[ * 203 ] THE bill stated, among other things, that the plaintiff Roberts, on the 22d of March, 1810, took an assignment from Aaron Lyon, of a bond and mortgage of William Griffith, for part of a lot, and a house thereon, in Newburgh, for which he paid Lyon the balance due on the mortgage: that the plaintiff Roberts took possession of the mortgaged premises, and also of the residue of the lot belonging to Griffith, who was his debtor, and absconded. That the plaintiff leased the premises to Hector M’ Cleod, for a year from the 1st of May, 1810. That on the 5th of October, 1810, the premises…
1Opinion of the Court
The Chancellor.
The affidavits are not allowed to be read in support of the answer on this motion. (Eastburn & Downes v. Kirk, 1 Johns. Ch. Rep. 444.)
*204[ * 205 ]
*203Both parties deduce title to the premises in controversy from William Griffith, and the only point is, whether the two deeds from Griffith to Sarah Johnson, under whom the defendants set up title, were fraudulent and void. This question of fraud was not tried ; and from the history of the ejectment suit, as stated in the pleadings, it would seem that it could not be tried, as the recovery was placed entirely on the ground that the…
2Cases cited1 opinion
- Eastburn v. KirkNew York Court of Chancery · 1815
3Cited by20 opinions
- Falkinburg v. LucyCalifornia Supreme Court · 1868
- Barnard v. DavisSupreme Court of Alabama · 1875
- Calhoun v. CozensSupreme Court of Alabama · 1842
- Brock v. DoleWisconsin Supreme Court · 1886
- Bibb v. ShackelfordSupreme Court of Alabama · 1863
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