Reigal v. Wood
New York Court of Chancery
THE bill, which was for an injunction, stated, that on the 23d of January, 1801, the plaintiffs purchased of John Smith, 200 acres of land in lot No. 54., in the township of Manlius, for 1,900 dollars. That the land was then subject to a mortgage by Smith to Michael Myers, for 800 dollars, which the plaintiffs paid to Myers, who agreed that the mortgage might remain for their use, and to secure their title.
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THE bill, which was for an injunction, stated, that on the 23d of January, 1801, the plaintiffs purchased of John Smith, 200 acres of land in lot No. 54., in the township of Manlius, for 1,900 dollars. That the land was then subject to a mortgage by Smith to Michael Myers, for 800 dollars, which the plaintiffs paid to Myers, who agreed that the mortgage might remain for their use, and to secure their title. The plaintiffs took possession of the land, which they divided equally between them. That, in June, 1810, the plaintiffs were informed that Thaddeus M. Wood, defendant, had caused the land…
1Opinion of the Court
The Chancellor.
It appears to me, from a view of all the facts and circumstances attending this case, that I am bound to consider the judgment upon the scire facias as unduly obtained, and that the defendant cannot, in justice and good conscience, be permitted to hold any advantage which he may have obtained under it. It is a well-settled principle, in this court, that relief is to be obtained not only against writings, deeds, and the most solemn assurances, but against judgments and decrees, if obtained by fraud and imposition. (Barnesly v. Powel, 1 Ves. 120. 284. 289.)
Wood, the principal…
2Cited by12 opinions
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- Cochran v. EldridgeSupreme Court of Pennsylvania · 1865
- Downs v. RickardsCourt of Chancery of Delaware · 1872
- Lobstein v. LehnIllinois Supreme Court · 1887
- Bruner v. ManvilleIndiana Supreme Court · 1831
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