Bailey
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. On the 1st November, 1827, three several judgments were rendered in a justice’s court in favor of the respondents, on attachments issued against the property of one J ohn Green, one of which was for $33,73, the second for $19,97, and the third for $51,81. Executions were issued on the judgments, and on the 21st November and 8th of Decern - ber a pair of horses, a coachee and a set of harness were sold by virtue of the same for the sum of $104,84, and…
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Appeal from chancery. On the 1st November, 1827, three several judgments were rendered in a justice’s court in favor of the respondents, on attachments issued against the property of one J ohn Green, one of which was for $33,73, the second for $19,97, and the third for $51,81. Executions were issued on the judgments, and on the 21st November and 8th of Decern - ber a pair of horses, a coachee and a set of harness were sold by virtue of the same for the sum of $104,84, and bid in for the benefit of the plaintiffs. One of the horses sold was in Green’s possession when the attachments were…
1Opinion of the Court
The following opinions were delivered:
By the Chief Justice.
The bill filed by the respondents is not drawn with technical precision, but the object clearly is to call upon the appellant to discover the consideration of the mortgage, and to answer whether it is not fraudulent and void; and if valid, then that the appellant may be compelled to receive what should appear to be justly and equitably due. The bill contains a prayer for specific relief, and also the gem eral prayer. The specific relief prayed for is to be permitted to redeem; under the general prayer, the complainant is entitled to…
2Cases cited2 opinions
- Otis v. WoodNew York Supreme Court · 1830
- Locke v. WinningMassachusetts Supreme Judicial Court · 1807
3Cited by30 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Bank of Lansingburgh v. CraryNew York Supreme Court · 1847
- Foster v. PotterSupreme Court of Missouri · 1866
- Tully v. HarloeCalifornia Supreme Court · 1868
- Hinman v. JudsonNew York Supreme Court · 1852
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