Roberts & Boyd v. Anderson
New York Court of Chancery
THE plaintiff, Roberts, being a creditor of William Griffith, who had absconded, obtained from Marón Lyon, on the 22d of March, 1810, an assignment of a bond, given by G. to L. and a mortgage given to secure the bond, on part of a lot of ground in Jfewburgh, duly registered in May, 1806. The plaintiff R., who paid L. 214 dollars and 25 cents, for the bond and mortgage, took possession of the mortgaged premises and the house thereen, and the residue of the lot; and, on' the…
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THE plaintiff, Roberts, being a creditor of William Griffith, who had absconded, obtained from Marón Lyon, on the 22d of March, 1810, an assignment of a bond, given by G. to L. and a mortgage given to secure the bond, on part of a lot of ground in Jfewburgh, duly registered in May, 1806. The plaintiff R., who paid L. 214 dollars and 25 cents, for the bond and mortgage, took possession of the mortgaged premises and the house thereen, and the residue of the lot; and, on' the 27th of Mugnst, 1810, let the same by a written lease, to Hector McLeod who took possession thereof, as his tenant.…
1Opinion of the Court
The Chancellor.
The deposition of Sarah Johnson, before a Master, under the act of the 4th of April, 1807, to perpetuate testimony, is inadmissible, because she was intefested in supporting the title she had conveyed to the defendants. It is, indeed, stated by the Master, that her interest had been released, but no such release is produced, to enable me to judge of it; nor is any account given of its loss. It is also true that the defendants state in their answer, that she had executed to them a quit-claim i deed, for which they paid her 167 dollars; but they say that they had not then heard…
2Cases cited1 opinion
- Frost v. RaymondNew York Supreme Court · 1804
3Cited by15 opinions
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Metropolitan Bank v. GodfreyIllinois Supreme Court · 1860
- Dugan v. VattierIndiana Supreme Court · 1833
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