Jenkins v. Wild
Court for the Trial of Impeachments and Correction of Errors
Motion to quash an appeal In May, 1829, Seth Jenkins filed a bill in chancery for the partition of certain lands lying on the south side of a certain creek called AbrahanHs creek, on which was erected a factory, claiming to be the owner of one-fourth of the premises, and stating that another fourth was owned by John F. Jenkins, and the two remaining fourths by James Wild.
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Motion to quash an appeal In May, 1829, Seth Jenkins filed a bill in chancery for the partition of certain lands lying on the south side of a certain creek called AbrahanHs creek, on which was erected a factory, claiming to be the owner of one-fourth of the premises, and stating that another fourth was owned by John F. Jenkins, and the two remaining fourths by James Wild. In June, 1829, Wild filed a bill to foreclose a mortgage executed to him by Seth Jenkins of his undivided fourth of the above premises; and a similar bill against John F. Jenkins to foreclose a mortgage executed by him and…
1Opinion of the Court
The following opinion was delivered ;
By Chief Justice Savage.
The first question is whether this is a final decree between the parties, from which an appeal may be brought in two years; or whether it is interlocutory, from which an appeal must be brought within 15 days ?
The case of Kane v. Whittick, 8 Wendell, 219, contains nearly all the authorities on this point. In that case Whit-tick filed a bill, charging that an absolute deed executed by his grand-father was intended as a mortgage, and prayed a discovery and account. Issue being joined, the chancellor decreed that the deed was intended…
2Cases cited2 opinions
- KaneCourt for the Trial of Impeachments and Correction of Errors · 1831
- North American Coal Co. v. DyettNew York Court of Chancery · 1833
3Cited by16 opinions
- Gay v. GayNew York Court of Chancery · 1843
- Richmond v. AtwoodCourt of Appeals for the First Circuit · 1892
- Perkins v. Sierra Nevada Silver Mining Co.Nevada Supreme Court · 1876
- Tyler v. SimmonsNew York Court of Chancery · 1836
- Johsel Namkung v. John P. Boyd, District Director of Immigration and Naturalization at the Port of Seattle, State of WashingtonCourt of Appeals for the Ninth Circuit · 1955
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