Lansing v. Russell
New York Court of Chancery
This was an application by the complainants for a new trial of the issues awarded in this cause by the court of chancery. The object of the complainant’s bill was to set aside two conveyances executed by C. Lansing, a short time previous to his death; on the ground that they were obtained from him by fraud, or that they were in fact never executed by him. C. Lansing died in 1842, in the 90th year of his age.
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This was an application by the complainants for a new trial of the issues awarded in this cause by the court of chancery. The object of the complainant’s bill was to set aside two conveyances executed by C. Lansing, a short time previous to his death; on the ground that they were obtained from him by fraud, or that they were in fact never executed by him. C. Lansing died in 1842, in the 90th year of his age. I'lie deeds purported to he executed by him on the 30th of November previous, and were witnessed by W. A. Russel!, a son of the grantees in the respective deeds. One of the deeds was to…
1Opinion of the Court
The Chancellor.
Upon the questions of law which arose upon the trial of the issues in this case, I do not think there was any error in the decisions of the circuit judge which would justify this court in granting a new trial. The certificate of the clerk of the supreme court was not evidence of the existence of judgments against. Russell. It is true, such a certificate is by statute made evidence of a judgment, under the redemption law; and perhaps in some other cases specially provided for. But, independent of any statutory provision, the proper way to prove the existence of a judgment is by…
2Cited by16 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- State v. TiceOregon Supreme Court · 1897
- Charles Green's Son v. SalasU.S. Circuit Court for the Southern District of Georgia · 1887
- United States v. Lew Poy DewDistrict Court, N.D. New York · 1903
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