Legal Opinion

Foster v. Wood

New York Court of Chancery

Decided April 15, 1822PublishedCited by 17 opinions

THE bill stated, that the plaintiff, Foster, on the 30th of August, 1815, was seised in fee of lot No. 147, in the Onondaga reservation; and, in November, 1815, sold and conveyed to the plaintiff, Bissell, for the consideration of 0,600 dollars, 100 acres of the lot, and the residue of the lot to the plaintiff, Peck, for the consideration of 4,400 dollars.

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THE bill stated, that the plaintiff, Foster, on the 30th of August, 1815, was seised in fee of lot No. 147, in the Onondaga reservation; and, in November, 1815, sold and conveyed to the plaintiff, Bissell, for the consideration of 0,600 dollars, 100 acres of the lot, and the residue of the lot to the plaintiff, Peck, for the consideration of 4,400 dollars. That B. and P., the purchasers, received warrantee deeds, and have made valuable improvements on the lands conveyed to them. That in May term, 1803, the defendant recovered judgment against Elijah Phillips, and Elias Stillwell, in the…

1Opinion of the Court

The Chancellor.

The plaintiffs cannot be relieved upon the facts stated in the bill. The gravamen is, that after the defendant had recovered a judgment at law against the plaintiffs and Stillwell, the latter paid him 76 dollars, in part satisfaction of the judgment 3 and that in the subsequent suit at law upon that judgment, no credit was given or allowance made by the defendant for that payment. But why did not P. and S. .plead, or give in evidence, that payment ? They were both sued upon the judgment, but the bill omits to state whether both of them were taken and brought into Court. It only…

2Cases cited2 opinions

  1. Duncan v. LyonNew York Court of Chancery · 1818
  2. Lansing v. EddyNew York Court of Chancery · 1814

3Cited by17 opinions

  1. Sanders v. . SoutterNew York Court of Appeals · 1891
  2. Laithe v. McDonaldSupreme Court of Kansas · 1873
  3. Brooks v. HarrisonSupreme Court of Alabama · 1841
  4. Walker v. HellerIndiana Supreme Court · 1882
  5. State ex rel. Graber v. MatleyNebraska Supreme Court · 1885

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