Allen v. Smillie
New York Supreme Court
Motion to vacate judgment. The facts upon which the motion was founded, appear sufficiently in the opinion.
1Opinion of the CourtMitchell, J.
On the 16th of November, 1843, Smillie executed his bond to Allen, in the penalty of $10,000, conditioned for the payment of S3,000, and interest on demand; and on the .same day also, executed a warrant of attorney to an attorney to confess judgment for him on that bond. On the 13th November, 1854, affidavits were made by the subscribing witness to these instruments, proving them, and on the 3d of November, the plaintiff made affidavit that the consideration for the warrant of attorney, was land sold by him to one Peter Raw, who gave to him a bond and mortgage for the payment of part of the…
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