Miller v. Avery
New York Court of Chancery
This was an appeal from a decree of the assistant vice chancellor of the first circuit, dismissing the complainant’s bill. The defendant Avery, in June, 1836, conveyed to the complainant Miller, a tract pf land in Lycoming county, in the state of Pennsylvania, with warranty, for the consideration of $300; and took back a note from Miller for the purchase money, payable in five years with interest.
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This was an appeal from a decree of the assistant vice chancellor of the first circuit, dismissing the complainant’s bill. The defendant Avery, in June, 1836, conveyed to the complainant Miller, a tract pf land in Lycoming county, in the state of Pennsylvania, with warranty, for the consideration of $300; and took back a note from Miller for the purchase money, payable in five years with interest. And in September, 1843, Avery commenced a suit upon his note in the supreme court of this state. In December thereafter, an ej'ectment suit was brought against Miller in Pennsylvania, by persons…
1Opinion of the Court
The Chancellor.
The paper produced at the hearing was properly rejected by the assistant vice chancellor, even if it was competent for the complainant to give in evidence an eviction under paramount title, subsequent to the commencement of the suit, and without filing a supplemental bill stating the fact of such eviction. In the first place, the notice was not sufficient to authorize the complainant to produce, at the hearing, a record of a verdict in the ejectment suit against the complainant. To authorize a party to produce, at the hearing, documentary evidence which is not made an exhibit…
2Cases cited2 opinions
- Edwards v. BodineNew York Supreme Court · 1841
- Withers v. MorrellNew York Court of Chancery · 1842
3Cited by10 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Gallison v. DowningMassachusetts Supreme Judicial Court · 1923
- Wimberg v. SchwegemanIndiana Supreme Court · 1884
- Fehrle v. TurnerIndiana Supreme Court · 1881
- Whittemore v. PattenU.S. Circuit Court for the District of Southern California · 1897
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