Hopkins v. M'Laren
Court for the Trial of Impeachments and Correction of Errors
Appeal from the Court of Chancery. The respondent, on the 1st day of April, 1818, filed her hill, in that Court, against Comfort Carpenter ; stating that on the 13th February, 1.816, she recovered a judgment against one Enos Cook, for $122 06, sued out a fi. fa. purchased certain premises mortgaged-by Cook, at auction, upon Üxefi.fa. for $126 38, and took a sheriff’s deed dated July 8th, 1816. That these premises were mortgaged by Cook to Elijah Hopkins, the appellant, by…
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Appeal from the Court of Chancery. The respondent, on the 1st day of April, 1818, filed her hill, in that Court, against Comfort Carpenter ; stating that on the 13th February, 1.816, she recovered a judgment against one Enos Cook, for $122 06, sued out a fi. fa. purchased certain premises mortgaged-by Cook, at auction, upon Üxefi.fa. for $126 38, and took a sheriff’s deed dated July 8th, 1816. That these premises were mortgaged by Cook to Elijah Hopkins, the appellant, by indenture of mortgage dated January 4th, 1816. That this mortgage had been paid to the appellant. That on the 2d January,…
1Opinion of the Court
Savage, Ch, Justice,
(after stating the facts.) Two questions arise upon this case;
Points
Í. Whether the proofs taken in the cause could be regularly used as against the appellant, they having been taken before he was a party; and,
2. Whether those proofs, if admissible, prove the fact of payment.
It is contended on the part of the appellant, that those proofs cannot be used, because he had no opportunity to examine witnesses. To this, it is answered, that he having succeeded to the rights and liabilities of Carpenter, he is entitled to no other privileges than Carpenter. In 1 Haddock’s Ch. 141,…
2Cited by15 opinions
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- Jackson v. CombsNew York Supreme Court · 1827
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