Peck v. Ellis
New York Court of Chancery
THE petition of the defendant Caleb Ellis stated, that, on the 20th January, 1815, it was decreed, in this suit, that the petitioner, and Isaac Rowland, defendant, should convey to the plaintiff, in fee, their right to an undivided moiety of a lot of land, mentioned in the plaintiff’s bill, and that it be referred to a master to ascertain the value of the saw logs and timber, cut or carried away from the lot by the defendants, or either of them, and that the defendants…
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THE petition of the defendant Caleb Ellis stated, that, on the 20th January, 1815, it was decreed, in this suit, that the petitioner, and Isaac Rowland, defendant, should convey to the plaintiff, in fee, their right to an undivided moiety of a lot of land, mentioned in the plaintiff’s bill, and that it be referred to a master to ascertain the value of the saw logs and timber, cut or carried away from the lot by the defendants, or either of them, and that the defendants should pay such value, with the costs of suit. That, on the 12th August, 1815, the master reported that the value of the logs…
1Opinion of the Court
The Chancellor.
Though the present application be by nature a by one against another, for contribution, or to have the damages in the execution equally apportioned and levied.
[ * 134 ]
By. the decree in the original suit against these parties, as co-defendants, they were made jointly responsible for the damages assessed for cutting timber, and the'decree on that point appears to have been taken as of course, without objection. There was no question raised as to the joint responsibility of the defendants. The petition is, therefore, to be considered as presented in a case in which the defendants…
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- Weckerly v. Ministers of the German Lutheran CongregationSupreme Court of Pennsylvania · 1831
- Ayer v. TiltonSupreme Court of New Hampshire · 1861
- Trossman v. PhilipsbornAppellate Court of Illinois · 2007
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