Vaughn v. Ely
New York Supreme Court
In Eouity. The bill of complaint in this cause was filed in the late court of chancery, before the vice chancellor of the fourth circuit. The defendants answered, and proofs were taken. It appeared that on the 19th of March, 1839, James McKnight purchased certain real estate jn Washington county, from George Lasher, and executed to him a mortgage upon it for $1200 to secure the payment of a part of the purchase money.
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In Eouity. The bill of complaint in this cause was filed in the late court of chancery, before the vice chancellor of the fourth circuit. The defendants answered, and proofs were taken. It appeared that on the 19th of March, 1839, James McKnight purchased certain real estate jn Washington county, from George Lasher, and executed to him a mortgage upon it for $1200 to secure the payment of a part of the purchase money. On the 5th of November, 1842, Stevens Carpenter recovered, before a justice of the peace, a judgment against the said James McKnight and John McKnight, for $47,12, which was…
1Opinion of the CourtParker, J.
The first, and one of the most important questions presented in this case, is whether the amount in controversy is sufficient to give this court jurisdiction. It is provided by the revised statutes, (2 R. S. 3d. ed. 234, § 61,) that “ the court of chancery shall dismiss every suit concerning property, where the matter in dispute, exclusive of costs, does not exceed the value of one hundred dollars, with costs to the defendant.” This cause having been commenced in the late court of chancery, must of course be subject to this rule. The plaintiff’s right to appear in this court and controvert…
2Cases cited6 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Bissell v. PaynNew York Supreme Court · 1822
- A. C. & W. A. Smets v. WilliamsNew York Court of Chancery · 1834
- Douw v. SheldenNew York Court of Chancery · 1831
- Wheeler v. Van KurenNew York Court of Chancery · 1846
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3Cited by9 opinions
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- Smith v. ColvinNew York Supreme Court · 1853
- People ex rel. Mulford v. MayhewCalifornia Supreme Court · 1864
- Swain v. Stockton Savings & Loan SocietyCalifornia Supreme Court · 1889
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