Grimstone v. Carter
New York Court of Chancery
This was an appeal from a decision of the vice chancellor, of the eighth circuit, dissolving an injunction. The facts of the case as they appeared by the bill and answer, were substantially as follows: On the 5th of July, 1830, the complainant was the owner of lot No. 54, in Brighton, containing 210 acres, and also of another small lot of land in the same town containing about nine acres ; upon the first of which lots there were three mortgages, amounting in the whole to…
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This was an appeal from a decision of the vice chancellor, of the eighth circuit, dissolving an injunction. The facts of the case as they appeared by the bill and answer, were substantially as follows: On the 5th of July, 1830, the complainant was the owner of lot No. 54, in Brighton, containing 210 acres, and also of another small lot of land in the same town containing about nine acres ; upon the first of which lots there were three mortgages, amounting in the whole to about $ 1700. To obtain the means of satisfying these mortgages the complainant agreed to convey the whole of both lots to…
1Opinion of the Court
The Chancellor.
Upon the final hearing of this cause, the complainant will .be holden to strict proof of the agreement set up in his bill, on which he founds his claim to the equitable interference of this court; and if he does not succeed in establishing such agreement, bis bill must be dismissed, whatever may be the result of the present application. In this stage of the cause, however, and before he has had an opportunity to examine his witnesses, every allegation positively sworn to in the bill, and which is not substantially denied in the answer, upon the defendant’s own knowledge, must…
2Cases cited1 opinion
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by52 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Eylar v. EylarTexas Supreme Court · 1883
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Acer v. . WestcottNew York Court of Appeals · 1871
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