Munn v. Worrall
New York Supreme Court
Noah Worrall, on the 11th day of April, 1844, filed his bill of complaint before the vice chancellor of the second circuit, against David M. Prall and David Munn, to obtain the specific performance of a sealed written agreement, under date of November 27th, 1843, for the sale by the defendant Prall, to and purchase by the plaintiff, Worrall, of certain real estate, situated in the town of Haverstraw, Rockland county, and for a conveyance of the interest of the defendant…
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Noah Worrall, on the 11th day of April, 1844, filed his bill of complaint before the vice chancellor of the second circuit, against David M. Prall and David Munn, to obtain the specific performance of a sealed written agreement, under date of November 27th, 1843, for the sale by the defendant Prall, to and purchase by the plaintiff, Worrall, of certain real estate, situated in the town of Haverstraw, Rockland county, and for a conveyance of the interest of the defendant Munn, if any, in the real estate referred to, alleging that he, Munn, with the knowledge or information of the agreement…
1Opinion of the CourtS. B. Strong, J.
The plaintiff has filed his complaint in this suit to impeach a decree of the late court of chancery, and which was eventually, pursuant to a remittitur from the court of appeals, made a decree of this court, on the ground of fraud. He asks for a perpetual injunction, restraining the defendant, in whose favor the decree had been made in the original suit, from enforcing it, but does not seek to set it aside. It may be doubted whether he calls for the appropriate remedy; as the object of such a suit is to restore the parties to their former situation, whatever their rights may have been,…
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