Fellows v. Fellows
Court for the Trial of Impeachments and Correction of Errors
Appeal from, the Court of Chancery. On the 4th February, 1823, the respondents filed their bill in that Court, against William Fellows, the appellant, John Fellows, Thomas Fellows, and Roswell Day, charging that on the 24th November, 1815, Ezra Fellows, the intestate, was seised of 214 acres of land in Stillwater, Saratoga county, 150 acres of which were encumbered with a life lease from the intestate to his father, John Fellows, and a part by a mortgage of $700, and another…
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Appeal from, the Court of Chancery. On the 4th February, 1823, the respondents filed their bill in that Court, against William Fellows, the appellant, John Fellows, Thomas Fellows, and Roswell Day, charging that on the 24th November, 1815, Ezra Fellows, the intestate, was seised of 214 acres of land in Stillwater, Saratoga county, 150 acres of which were encumbered with a life lease from the intestate to his father, John Fellows, and a part by a mortgage of $700, and another part by a mortgage of $55; and the whole by a judgment of $200. That before the 24th November, 1815, the intestate with…
1Opinion of the CourtWoodworth, J.
It is material to ascertain what facts in the bill are admitted by the demurrer. Whatever is not covered by the answer, is necessarily admitted. The denial is, that the appellant did not combine with the other defendants, to defraud or delay the respondents. Excluding this charge, as not admitted, the following facts alleged in the bill are conceded : that all the defendants in the Court below were acquainted with, and had full knowledge of the agreement made for the sale of the farm between Ezra Fellows and John Fellows, and the proportion of the purchase money that Ezra Fellows was to…
2Cases cited1 opinion
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by49 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
- People ex rel. Pierce v. MorrillCalifornia Supreme Court · 1864
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
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