Hendricks v. Robinson
New York Court of Chancery
[ * 485 ] BRINCKERH OFF, and Hoffman, for the plaintiff, moved for an order, founded on the pleadings, proofs and decree in this cause, that the defendant Henry Franklin account before a master for the rents and profits of the real estate, mentioned in the pleadings to have been conveyed by the defendants A. &f J. Franklin, to Henry Franklin; and that he state, on oath, to the master, the parts of the real estate conveyed by him, and to whom, and the time when, and the…
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[ * 485 ] BRINCKERH OFF, and Hoffman, for the plaintiff, moved for an order, founded on the pleadings, proofs and decree in this cause, that the defendant Henry Franklin account before a master for the rents and profits of the real estate, mentioned in the pleadings to have been conveyed by the defendants A. &f J. Franklin, to Henry Franklin; and that he state, on oath, to the master, the parts of the real estate conveyed by him, and to whom, and the time when, and the consideration for each parcel; and that he also state, on oath, the personal estate received by him from the above…
1Opinion of the Court
The Chancellor.
The relief sought cannot be obtained upon this motion. There must, at least, be a rehearing. *485The application goes to change, essentially, the nature and extent of relief; and the reference called for cannot be considered as a mere omission in the decree, to be supplied as of course. It is questionable whether the reference could be granted under the circumstances of this case, even upon a rehearing; but, without giving any opinion on that point, this motion must be denied.
Motion denied.
2Cited by1 opinion
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