Legal Opinion

French v. Shotwell

New York Court of Chancery

Decided December 27, 1821PublishedCited by 30 opinions

THE bill was filed January 31st, 1820. Dink Ten- ^ ’ broeck and his wife, by deed of the 20th of December, 1813, for the consideration of 5,100 dollars, conveyed to James Kane, in fee, all his interest in a tract of land called Elizabethfield, at the Jiorman Kill, in Albany county, containing 1044 and an half acres.

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THE bill was filed January 31st, 1820. Dink Ten- ^ ’ broeck and his wife, by deed of the 20th of December, 1813, for the consideration of 5,100 dollars, conveyed to James Kane, in fee, all his interest in a tract of land called Elizabethfield, at the Jiorman Kill, in Albany county, containing 1044 and an half acres. On the 20th of March, 1813, D. Tenbroeck and his wife, for the consideration of 7,305 acres, conveyed to James Kane, in fee, 487 acres of land at Elizabeth field. J. K., afterwards, sold and conveyed different parcels of the said land in fee, to the other plaintiffs, which were…

1Opinion of the Court

The Chancellor.

The bill charges the judgment against Tenbroeck, in favour of the defendant, to have bee» usurious, fraudulent and void, being founded not only in usury, but in manifest oppression, corruption, and extortion. This was the chief gravamen in the bill; and all the other charges, except one, seem to have been the mere result and consequence of this original injury. Thus it is charged, that Tenbroeck filed his bill in this Court to be relieved against the judgment, on account of the corrupt and fraudulent nature of the same, but that the defendant, taking advantage of his pecuniary…

2Cited by30 opinions

  1. In Re MooreSupreme Court of the United States · 1908
  2. Thompson v. Maxwell Land Grant & Railway Co.Supreme Court of the United States · 1897
  3. Nashville, Chattanooga & St. Louis Railway Co. v. United StatesSupreme Court of the United States · 1885
  4. Adler v. Van Kirk Land & Construction Co.Supreme Court of Alabama · 1896
  5. Cole v. WellsMassachusetts Supreme Judicial Court · 1916

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