New-Orleans Gas Light & Banking Co. v. Dudley
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit, denying an application for an issue. The bill was filed to foreclose a mortgage given by Henry Dudley, deceased, and Helen C. his wife, upon 49 lots of land in the city of New-York, the property of the latter, to J. L. & S. J. Joseph and M. Henriques $ to secure the payment of a bond executed by H. Dudley and N. W. Stuyvesant, for $130,000 and interest.
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This was an appeal from a decision of the vice chancellor of the first circuit, denying an application for an issue. The bill was filed to foreclose a mortgage given by Henry Dudley, deceased, and Helen C. his wife, upon 49 lots of land in the city of New-York, the property of the latter, to J. L. & S. J. Joseph and M. Henriques $ to secure the payment of a bond executed by H. Dudley and N. W. Stuyvesant, for $130,000 and interest. The defendant P. G. Stoney was made a party as the holder of a mortgage upon 25 of the lots; which last mentioned mortgage, although given before, was recorded…
1Opinion of the Court
The Chancellor.
It is contended, on the part of the respondents, that the third section of the act of May 2d, 1839, to regulate the trial by jury and the taking of testimony in chancery, leaves the power of the court to grant issues the same as it was previous to the act of April, 1838, on this subject. And that the words, “ according to the practice of the court of chancery previous to the passage of the act thereby repealed,” at the end of the first clause of that section, apply to the whole of that clause ; and not merely to the taking of testimony before an examiner or commissioner. Such a…
2Cited by22 opinions
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- Devin v. . PatchinNew York Court of Appeals · 1863
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