Sands v. Hildreth
Court for the Trial of Impeachments and Correction of Errors
THIS was an appeal from the court of chancery. The respondent filed his bill in the court below, against the appellant, and Comfort Sands, and' Amie J. Barbarme, to set aside a conveyance by Comfort Sands, to the appellant, of a ropewalk and premises, in Brooklyn, purchased by the respondent at a sheriff’s sale, on an execution against Comfort Sands, on the ground of fraud. Barbarme was made defendant, as tenant for years, in possession of the premises.
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THIS was an appeal from the court of chancery. The respondent filed his bill in the court below, against the appellant, and Comfort Sands, and' Amie J. Barbarme, to set aside a conveyance by Comfort Sands, to the appellant, of a ropewalk and premises, in Brooklyn, purchased by the respondent at a sheriff’s sale, on an execution against Comfort Sands, on the ground of fraud. Barbarme was made defendant, as tenant for years, in possession of the premises. The bill was taken, pro confessa, against Comfort Sands, for want of answer; and as to Barbarme, the cause stood on the bill and answer. The…
1Opinion of the Court
The Chancellor
being called upon, according to the course •of this court, to give his reasons for the decree in the - court below, said, that as the appellants never appeared-at the hearing, to, make any defence, he had no reasons to assign, as his decree was given,, as matter of course, on. the default-of the defendants below. ';
*496To allow -the appeal, in this cáse, would be making this a court of original jurisdiction. The defendants, who have treated, .the court below with- disrespect, can lose nothing: by-the rejection of their appeal. The default was voluntary on their part* and it is their…
2Cited by4 opinions
- State v. Jacksonville, Pensacola & Mobile RailroadSupreme Court of Florida · 1878
- Colden v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1823
- Dorr v. BirgeNew York Supreme Court · 1850
- Luce v. Chin WaHawaii Supreme Court · 1886