M'Donald v. Neilson
Court for the Trial of Impeachments and Correction of Errors
Appeal from the Court of Chancery. The respondent filed his bill in the Court below against the appellants. One object of the bill was to set aside a bond and mortgage, for $25,000, executed by the respondent to M’Donald, one of the appellants, upon the ground that these securities had been executed to avoid a forced, oppressive and illegal sale of the respondent’s property, which, as he alleged in his bill, had been conducted by M’Donald, in concert with the other…
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Appeal from the Court of Chancery. The respondent filed his bill in the Court below against the appellants. One object of the bill was to set aside a bond and mortgage, for $25,000, executed by the respondent to M’Donald, one of the appellants, upon the ground that these securities had been executed to avoid a forced, oppressive and illegal sale of the respondent’s property, which, as he alleged in his bill, had been conducted by M’Donald, in concert with the other appellants under a Ji.fa. issued against the respondents. The bill stated, and the answer admitted; that in August term, 1819,…
1Opinion of the CourtWoodworth, J.
The object of the bill is, to be relieved against a bond and mortgage, given by the respondent to William M’Donald, and a note of fifty dollars to Seth Eddy
Object of the bill.
The appellants are charged as parties to a fraudulent combination to oppress the respondent, by the sacrifice of his property at a Suetiff’s sale, in order to indemnify themselves for certain debts against John Neilson, jun., a son of the respondent.
The charges of the bill.
On the 22d Nov. 1819, the appellants and others attended the sale, when personal property to a large amount was sold by Griffeth, and purchased…
2Cases cited7 opinions
- James v. M'KernonNew York Supreme Court · 1810
- Bebee v. President, Directors & Co.New York Supreme Court · 1806
- M'Donald v. HewettNew York Supreme Court · 1818
- Stuart v. President, Directors & Co. of the Mechanics' & Farmers' BankNew York Supreme Court · 1822
- Gordon v. BowneNew York Supreme Court · 1807
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- Comstock v. . JohnsonNew York Court of Appeals · 1871
- Jeffers v. ForbesSupreme Court of Kansas · 1882
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Loney v. CourtnayNebraska Supreme Court · 1888
29 more not listed; retrieve them via the Exa API.