Galatian v. Erwin
New York Court of Chancery
The first of these causes, was upon a bill filed oil the mortt 1 gages hereafter mentioned. The second was in the nature of a cross bill; and upon this last only, the questions arose, ...... which it is deemed useful to report.
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The first of these causes, was upon a bill filed oil the mortt 1 gages hereafter mentioned. The second was in the nature of a cross bill; and upon this last only, the questions arose, ...... which it is deemed useful to report. Lieutenant Henry Cunningham an officer of the revolutionary army, died in the year 1798, intestate, and seized of the lands mentioned in the pleadings; namely, a farm of about forty acres in Orange county, and lot number thirty one, in the military township of Cincinnatus, and lot number forty one, in that of Cato. His only children and heirs were, Margaret, John, and…
1Opinion of the Court
The Chancellor.
The second of these suits, is a cross bill; and both are in substance, one cause.
The proceedings in the supreme court, by which these lands were sold, appear to me to have been a gross fraud upon the children of Henry Cunningham." Almost every step taken in those proceedings, gives evidence of fraud; and the various proceedings which terminated in the sale of theiands, when viewed collectively, exhibit a case of fraud, plain and palpable. To state all the circumstances, which taken separately, or considered collectively, impress those proceedings with the character of fraud,…
2Cited by2 opinions
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