Stilwell v. Carpenter
New York Court of Appeals
Re-argument of appeal. Charlotte Stilwell, executrix of the will of Sylvanus B. Stilwell, in January, 1869, brought this action against Jacob Carpenter and William H. Davis, to set aside a sheriff’s deed and a surrogate’s decree, on the grounds that the judgment on which the sheriff’s sale was founded had been paid before the sale, and that the surrogate’s decree was obtained by fraud of defendant Carpenter.
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Re-argument of appeal. Charlotte Stilwell, executrix of the will of Sylvanus B. Stilwell, in January, 1869, brought this action against Jacob Carpenter and William H. Davis, to set aside a sheriff’s deed and a surrogate’s decree, on the grounds that the judgment on which the sheriff’s sale was founded had been paid before the sale, and that the surrogate’s decree was obtained by fraud of defendant Carpenter. The facts material to the appeal were as follows; In 1845, Jacob Carpenter and wife made a deed purporting to convey to Harris Wilson five houses and lots on Harrison street, in Brooklyn,…
1Opinion of the CourtFolger, J.
The appellants have madé elaborate points, that certain of the findings of fact are without evidence to support them, and that thus there was error of law.
The testimony has been examined with care and patience. I am convinced that there is testimony, which relied upon in preference to that which is in conflict with it, sustains the findings in question; or that the evidence adduced would not necessarily have sustained a contrary finding.
*251It appears from the instrument executed to Jacob Carpenter by Harris Wilson, that the latter did not take an absolute interest in the houses and lots conveyed…
2Cases cited11 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Hull v. BlakeMassachusetts Supreme Judicial Court · 1816
- Eaton v. . AlgerNew York Court of Appeals · 1872
- Newton v. PopeNew York Supreme Court · 1823
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3Cited by26 opinions
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- Mayor, Etc., of N.Y. v. . BradyNew York Court of Appeals · 1889
- Tamimi v. TamimiAppellate Division of the Supreme Court of the State of New York · 1972
- Rose v. Third Nat. BankCourt of Appeals of Tennessee · 1944
21 more not listed; retrieve them via the Exa API.