Wilber v. Collier
New York Court of Chancery
This was an appeal, by the complainants, from a decree of the vice chancellor of the eighth circuit, dismissing their bill as to the defendant J. Howell, and the infant child ren and heirs of T. Collier . deceased.
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This was an appeal, by the complainants, from a decree of the vice chancellor of the eighth circuit, dismissing their bill as to the defendant J. Howell, and the infant child ren and heirs of T. Collier . deceased. N. Wilber, one of the complainants, in May, 1837, recovered a judgment, in the supreme court, against J. L. Collier and T. Collier, for about $1300, upon which an execution was issued to the sheriff of the county where the defendants therein resided, and the same was afterwards returned unsatisfied, in October of the same year. Finch and Harmon, the other two complainants, also…
1Opinion of the Court
The Chancellor.
The vice chancellor probably came to the correct conclusion, that as between the defendant. Howeil and T. Collier, at the time of the death of the latter, Collier was entitled to a conveyance of the 130 acres of land, upon paying to Howell the amount of his bid upon the personal property which was given up, and the amount of his advances to obtain a conveyance of the legal title to the land; together with interest on those sums, and the amount of his expenses and other disbursements in procuring that title. But the complainants’ solicitor clearly mistook the course of…
2Cited by1 opinion
- Blossom v. HatfieldNew York Supreme Court · 1881