Williamson v. Dale
New York Court of Chancery
PETITION of the defendants, the executors and infant heirs of Robert Fulton, deceased, to set aside the sale of mortgaged premises, on the ground of surprise; and that they be allowed to redeem the premises, on paying the debt ánd costs within a reasonble time, or that the bid-dings may be opened, &e. The material facts set forth in the petition, and the affidavits read in support of it, are stated in the opinion of the court.
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PETITION of the defendants, the executors and infant heirs of Robert Fulton, deceased, to set aside the sale of mortgaged premises, on the ground of surprise; and that they be allowed to redeem the premises, on paying the debt ánd costs within a reasonble time, or that the bid-dings may be opened, &e. The material facts set forth in the petition, and the affidavits read in support of it, are stated in the opinion of the court. The mortgaged premises were bid off at 2,700 dollars, subject to a prior mortgage for the same amount; and the petitioners stated the value of the property to be more…
1Opinion of the Court
The Chancellor.
The sale in this case ought to be set aside on the ground of surprise. Here is as yet no report of the sale by the Master, and no deed executed *291The executors of Robert Fulton, deceased, were induced to believe that the sale would not have been made on the 4th of last December. This belief was founded on the representations made to them, by their agent, of conversations which he had held with the plaintiff and his solicitor. Those conversations and representations are verified by the affidavits of the executors and of the agent, and they are not contradicted. The plaintiff and…
2Cited by19 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Camden v. MayhewSupreme Court of the United States · 1889
- Dewey v. LinscottSupreme Court of Kansas · 1878
- Holdsworth v. ShannonSupreme Court of Missouri · 1893
- Rohrer v. StricklandSupreme Court of Virginia · 1914
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