Smith v. . Nelson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of the defendants, entered upon- an order dismissing plaintiffs’ complaint. This action was brought to set aside a judgment of foreclosure and sale, and a sale thereunder, and to recover possession of the mortgaged premises. Plaintiffs claimed title to the premises as heirs at law of Thomas Smith.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of the defendants, entered upon- an order dismissing plaintiffs’ complaint. This action was brought to set aside a judgment of foreclosure and sale, and a sale thereunder, and to recover possession of the mortgaged premises. Plaintiffs claimed title to the premises as heirs at law of Thomas Smith. The complaint alleged, in substance, that said Smith executed a mortgage upon the premises; that various payments were made by him thereon, and then set forth an agreement…
1Opinion of the CourtAndrews, J.
The complaint does not state facts sufficient to authorize the court to set aside the decree of foreclosure, and the sale thereunder, made in March, 1844.
The power of the Supreme Court to annul a judgment or decree for fraud in procuring it, is undoubted, although the jurisdiction is carefully limited and guarded, and will only be exercised in clear cases. The jurisdiction in one court to vacate, in an independent proceeding, the judgment of another having power to render it, is in its nature so extraordinary as to demand a close adherence to principles and precedents in exercising it. Courts…
2Cases cited2 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
3Cited by16 opinions
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Ward v. . Town of SouthfieldNew York Court of Appeals · 1886
- Graver v. FaurotCourt of Appeals for the Seventh Circuit · 1896
- Revere Copper Co. of Boston v. . DimockNew York Court of Appeals · 1882
- Whitcomb v. ShultzCourt of Appeals for the Second Circuit · 1915
11 more not listed; retrieve them via the Exa API.