Tiernan v. Wilson
New York Court of Chancery
THE bill stated, that the plaintiff, an inhabitant of the state of Maryland, being seised, as a tenant in common, of certain lands in this state, appointed M. as his attorney, to take care of the land, and prevent trespasses, &c. and M. brought an action of trespass in the Court of C. P., of Alleghany county, in the name of the plaintiff, against one lAlby; but the other tenants in common, not being made plaintiffs, the attorney of the plaintiff, afterwards, suffered a…
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THE bill stated, that the plaintiff, an inhabitant of the state of Maryland, being seised, as a tenant in common, of certain lands in this state, appointed M. as his attorney, to take care of the land, and prevent trespasses, &c. and M. brought an action of trespass in the Court of C. P., of Alleghany county, in the name of the plaintiff, against one lAlby; but the other tenants in common, not being made plaintiffs, the attorney of the plaintiff, afterwards, suffered a judgment of nonpros, to be recovered against the plaintiff for 10 dollars, and 25 cents, costs. That the plaintiff, being…
1Opinion of the Court
The Chancellor.
The sale of the interest of the plaintiff in the two lots, was, under the circumstances, an abuse of trust, and ought not to be sustained.
The execution was for the sum of 10 dollars and 25 cents, and the defendant, Wilson, as deputy Sheriff under that execution, advertises and sells, in one parcel, and at one time, the plaintiff’s interest, being, (as sold, though in fact it was more,) one equal undivided moiety of Jots JVo. ], and 2, the one containing 2091 acres, and the other 236| acres of land. The plaintiff had an interest sold equal to the entire ownership of 223 acres,…
2Cases cited2 opinions
- Stead's Executors v. CourseSupreme Court of the United States · 1808
- Woods v. MonellNew York Court of Chancery · 1815
3Cited by24 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Schroeder v. YoungSupreme Court of the United States · 1896
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- Williams v. AllisonSupreme Court of Iowa · 1871
- Tamimi v. TamimiAppellate Division of the Supreme Court of the State of New York · 1972
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