Woods v. Morrell
New York Court of Chancery
THE bill stated, that William W. Sackett, being indebted to the plaintiff, on the 30th of July, 1812, conveyed to him certain lots of land in the town of Newburgh, in Orange county, in trust for all his creditors. The plaintiff, at the same time, made a declaration of trust, that the plaintiff was to sell parts of the land unencumbered, and to pay off encumbrances, and then to pay the debts, and return the surplus to Sackett.
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THE bill stated, that William W. Sackett, being indebted to the plaintiff, on the 30th of July, 1812, conveyed to him certain lots of land in the town of Newburgh, in Orange county, in trust for all his creditors. The plaintiff, at the same time, made a declaration of trust, that the plaintiff was to sell parts of the land unencumbered, and to pay off encumbrances, and then to pay the debts, and return the surplus to Sackett. The plaintiff took possession of the land and leased it. There was a mortgage on the land, to William Lawrence, and a prior judgment, of October, 1811, in favour of…
1Opinion of the Court
The Chancellor.
The English practice is not to make formal and special exceptions in writing, in the first instance, to an answer, for scandal or impertinence, as is done for insufficiency; but on a suggestion, by motion, of such matter, the answer is referred to a master to look into, and if _ he certifies against the exception, the plaintiff may except, in writing, to the report, and specify the particular parts which are scandalous or impertinent; and this reference for impertinence must precede one for insufficiency. I find, however, that a different practice prevails here in this court,…
2Cited by24 opinions
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Harrison v. PereaSupreme Court of the United States · 1897
- Savage v. BenhamSupreme Court of Alabama · 1849
- Cheney v. BilbyCourt of Appeals for the Eighth Circuit · 1896
- Mathews v. GillissSupreme Court of Iowa · 1855
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