Ellis v. Messervie
New York Court of Chancery
This was an appeal, by the complainants, John A. Ellis and wife, from a decretal order of the vice chancellor of the first circuit, made upon the petition of James Evans, who was not a party to the suit, for the payment, to him, of a part of the fund belonging to the complainants, which arose from the sale of the lands of Mrs. Ellis, under a decree in partition; Evans being the assignee of a bond and mortgage, given upon the premises, by Ellis and wife, subsequent to the…
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This was an appeal, by the complainants, John A. Ellis and wife, from a decretal order of the vice chancellor of the first circuit, made upon the petition of James Evans, who was not a party to the suit, for the payment, to him, of a part of the fund belonging to the complainants, which arose from the sale of the lands of Mrs. Ellis, under a decree in partition; Evans being the assignee of a bond and mortgage, given upon the premises, by Ellis and wife, subsequent to the commencement of the suit.
1Opinion of the Court
The Chancellor.
It is not necessary to inquire whether the vice chancellor had any jurisdiction, upon the mere petition of Evans, who was not a party to the suit, to interfere. and dis-. pose of the fund in question, without the filing of a bill, in the usual way, to determine the validity of the respondent’s, bond and mortgage. For I am satisfied that the bond and mortgage were obtained by a most gross fraud, practised both upon Ellis and his wife. This bond and mortgage, being wholly invalid and inoperative in the hands of the mortgagee, his assignee, who has taken an assignment of a mere…
2Cited by4 opinions
- First National Bank v. HoneymanSupreme Court Of The Territory Of Dakota · 1889
- Ely v. McNightNew York Supreme Court · 1864
- Thompson v. Van VechtenThe Superior Court of New York City · 1860
- Thompson v. Van VechtenThe Superior Court of New York City · 1860