Monell v. Lawrence
Court for the Trial of Impeachments and Correction of Errors
THIS was an appeal from an order of the court of chancery. On the 18th of September, 1812, the respondent, William Lawrence, filed his bill in the court of chancery, for the sale of cer5 > e - • 7 . tain mortgaged premises, situate in Newburgh, in Orange county, which had been mortgaged to him, the 1st oí August, 1810, by the respondent, William W. Sackett, to secure the payment of 3,500 dollars, with interest.
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THIS was an appeal from an order of the court of chancery. On the 18th of September, 1812, the respondent, William Lawrence, filed his bill in the court of chancery, for the sale of cer5 > e - • 7 . tain mortgaged premises, situate in Newburgh, in Orange county, which had been mortgaged to him, the 1st oí August, 1810, by the respondent, William W. Sackett, to secure the payment of 3,500 dollars, with interest. The bill stated that the appellant, Monell, was the owner of a judgment, obtained by Daniel ■Austin and David Andrews-, against Sackett, in the supreme court, in October term, 1811,…
1Opinion of the CourtYates, J.
The-, decree in. .this; b&Use, of the-, fith 'of Bíqr.cñ,. Í313,"being -by .-consent,. Under an agreement-'between'thb parties,. it is insisted that it cannot be modified, or set aside,, upbti-molion, ifer mU-tter-arising. afterwards. z. "-.
This-is a correct principle as tb- matters' arising .subsequently, and so connected with-: the subject of the decree as to change the intent of it, but can never be urged to avoid a benefit resulting to a party by a ■' subsequent act-not inconsistent, with,'. but in'furtherance of, that part of the decree in which the"respondent has "an.-, .interest, and…
2Cases cited1 opinion
- Ensign v. WebsterNew York Supreme Court · 1799
3Cited by18 opinions
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Day v. GriffithSupreme Court of Iowa · 1863
- Winchester v. WinchesterMassachusetts Supreme Judicial Court · 1876
- Thompson v. CandorIllinois Supreme Court · 1871
- Jamison v. CravenCourt of Chancery of Delaware · 1872
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