Green v. Slayter
New York Court of Chancery
THE bill stated, that in June, 1809, the plaintiffs filed their bill against Joseph Winter, which bill, among other things, stated, that the defendant held in trust, for the plaintiff, T. G., “divers lands in Cosby's Manor,” and in the patent of Springfield, and “ certain parts or parcels of land in the Oriskany patent.” That the defendant, J. W., had proceeded to sell “ various parts and parcels of the land lying in Cosby's Manor,” &c.
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THE bill stated, that in June, 1809, the plaintiffs filed their bill against Joseph Winter, which bill, among other things, stated, that the defendant held in trust, for the plaintiff, T. G., “divers lands in Cosby's Manor,” and in the patent of Springfield, and “ certain parts or parcels of land in the Oriskany patent.” That the defendant, J. W., had proceeded to sell “ various parts and parcels of the land lying in Cosby's Manor,” &c. That he had in his hands contracts for lands sold; and had in his possession bonds and mortgages belonging to the trust estate, &c. That the bill prayed for a…
1Opinion of the Court
The Chancellor.
The question is, whether the defendant, Slayter, be chargeable with notice of the bill, and supplementary bill, filed in 1809, by Temperance Green and others against Joseph Winter, and of the deeds referred to in those bills; and whether such notice, if any, rendered any payments made by him after that time, upon the bond and mortgage which he gave to Winter in 1808, void as against the plaintiffs.
There are two objections made to the application of the doctrine of the Us pendens to this case.
1. That it does not appear by those bills, in 1809, whether the lands sold to the…
2Cases cited3 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Murray v. LylburnNew York Court of Chancery · 1817
- Murray v. FinsterNew York Court of Chancery · 1816
3Cited by9 opinions
- Norris v. IleIllinois Supreme Court · 1894
- Allen v. PooleMississippi Supreme Court · 1877
- Wright v. RossCalifornia Supreme Court · 1868
- Doe ex dem. Chaudron v. MageeSupreme Court of Alabama · 1845
- Rogers v. JonesSuperior Court of New Hampshire · 1836
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