Lyon v. Tallmadge
Court for the Trial of Impeachments and Correction of Errors
THIS was an appeal from the court of chancery. The ap* *•A supreme court, at the suit of the defendants Benjamin Tallmadge, John Tallmadge, David Wadham, David Thompson, Garret Smith, Aaron Smith, Junius Smith, and William S. Tallmadge, for the sum of 2,627 dollars, and 24 cents, or thereabouts ; Lyon, with the defendant Solomon Dewey, on the 31st of March, 1808, executed to the defendant Jonathan Richmond, then sheriff of Cayuga, a bond for the gaol liberties, to be -till…
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THIS was an appeal from the court of chancery. The ap* *•A supreme court, at the suit of the defendants Benjamin Tallmadge, John Tallmadge, David Wadham, David Thompson, Garret Smith, Aaron Smith, Junius Smith, and William S. Tallmadge, for the sum of 2,627 dollars, and 24 cents, or thereabouts ; Lyon, with the defendant Solomon Dewey, on the 31st of March, 1808, executed to the defendant Jonathan Richmond, then sheriff of Cayuga, a bond for the gaol liberties, to be -till pellants, in their bill in the coxirt below, stated, that the plaintiff, Brockway, being about the 31st of December,…
1Opinion of the CourtSpencer, J.
Before I enter on the merits of this cause, I shall briefly examine some preliminary objections. It appears from the chancellor’s opinion, that a decree was read at the hearing, which had been given in the court of chancery in June, 1815, in a cause pending in that court, between Tallmadge and others against Lyon, setting aside a sale of the property ot Lyon and Dewey, under a judgment in favour of Richmond, and assigned to Tallmadge and others, on the ground that it was a fraudulent sale. That decree was taken by default, and the complainants in that suit were ailowed to resell the property,…
2Cited by19 opinions
- Turley v. TurleyTennessee Supreme Court · 1886
- Gaines v. FenderSupreme Court of Missouri · 1884
- Terwilliger v. Ontario, Carbondale & Scranton RailroadNew York Court of Appeals · 1896
- DaCosta v. DibbleSupreme Court of Florida · 1898
- Williams v. WilliamsIllinois Supreme Court · 1914
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