Kane
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. Whittick, in 1821, filed a bill in chancery, charging that a deed executed by his grand-father, John Whittick, to Cornelius Yan Schelluyne, bearing date in J anuary, 1772, conveying three lots of land absolutely, was intended as a mortgage to secure the payment of the sum of £79.4.7, and that Schelluyne, at various times down to the time of his death in 181.3, acknowledged that it was so intended; that two of the lots in the settlement of the boundary…
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Appeal from chancery. Whittick, in 1821, filed a bill in chancery, charging that a deed executed by his grand-father, John Whittick, to Cornelius Yan Schelluyne, bearing date in J anuary, 1772, conveying three lots of land absolutely, was intended as a mortgage to secure the payment of the sum of £79.4.7, and that Schelluyne, at various times down to the time of his death in 181.3, acknowledged that it was so intended; that two of the lots in the settlement of the boundary line between this state and Vermont, fell within the limits of the latter state; that John Whittick remained in the…
1Opinion of the Court
The following opinions were delivered :
By Mr. Justice Sutherland.
The respondent contends preliminarily that this appeal cannot be sustained, for the following reasons: I. That so far as it relates to the decretal order of October, 1828, it was not made in due season, that being an interlocutory decree or order, for which no appeal can be made after the expiration of fifteen days from the time it was entered; and 2. That the final decree of August, 1829, having been obtained by the default of the appellants, cannot be appealed from by them.
A decree is said by Mr. Harrison, 1 Harrison, Ch. 420,…
2Cases cited3 opinions
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Houghton v. StarrCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by21 opinions
- Hicks v. MichaelCalifornia Supreme Court · 1860
- Gray v. Palmer & EatonCalifornia Supreme Court · 1858
- Garner v. PrewittSupreme Court of Alabama · 1858
- Port v. ParfitWashington Supreme Court · 1892
- Paul v. ArmstrongNevada Supreme Court · 1865
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