Winship v. Jewett
New York Court of Chancery
This was an appeal, by the complainants, from an order of the vice chancellor of the second circuit. The bill was filed to compel the specific performance of an award of arbitrators, for the partition of land.
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This was an appeal, by the complainants, from an order of the vice chancellor of the second circuit. The bill was filed to compel the specific performance of an award of arbitrators, for the partition of land. On the 17th of July, 1840, Eliza Hunt, then the widow of E. L. Hunt; deceased, but who, subsequently to the 'award, became the wife of D. Winship, conveyed to the defendants, for the consideration of five dollars, two undivided third parts of the real estate of which her late husband had died seized, and which sheelaimed under his will; reserving to herself the other third. On the same…
1Opinion of the Court
The Chancellor.
It is unnecessary to examine the question whether the vice chancellor could properly entertain a second motion, to open the decree in this case, while the order, of the third of March, 1845,. denying the first motion, remained in full force; without asking for a rehearing of that application, in connection with the new matters disclosed by the subsequent affidavits. For, I think, there is not sufficient shown, in the affidavits on which the second application was founded, to induce a belief that the defendants had probably a meritorious defence to the suit. The answer states…
2Cases cited1 opinion
- Jackson ex dem. Van Alen & Van Alen v. AmblerNew York Supreme Court · 1817
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