Elliott v. Pell
New York Court of Chancery
On the 14th of November, 1809, Caleb Pell and Martha his wife were the owners of a farm in Westchester county, containing about 201 acres; and on that day, by an instrument in writing, signed, sealed and acknowledged in due form of law to pass the real estate of a feme covert, granted, bargained and sold to E. Pugsley the farm, to have and to hold the same to the said E. Pugsley, her executors, administrators and assigns, for and during the term of one year, yielding and…
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On the 14th of November, 1809, Caleb Pell and Martha his wife were the owners of a farm in Westchester county, containing about 201 acres; and on that day, by an instrument in writing, signed, sealed and acknowledged in due form of law to pass the real estate of a feme covert, granted, bargained and sold to E. Pugsley the farm, to have and to hold the same to the said E. Pugsley, her executors, administrators and assigns, for and during the term of one year, yielding and paying therefor yearly lawful interest of seven *per cent, during the said term of one year, and in and upon the 14th of…
1Opinion of the Court
The Chancellor :—By the decision of the late Chancellor upon the demurrer in this cause, it is settled that the decree in the former suit, so far as relates to the lien of the Pugsley mortgage upon the twenty-six acres, which was the subject of litigation there, is binding and conclusive, and can *269only be impeached by a bill of review. There is certainly no error on the face of that decree which could authorize the complainants to reverse the same. The answer of A. Pell and wife was responsive to the bill, and so far was evidence against the complainant. If the co-defendants in that suit were…
2Cases cited5 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Bogardus & Clark v. ClarkNew York Court of Chancery · 1834
- Crandall v. GallupSupreme Court of Connecticut · 1837
- Woodruff v. CookNew York Court of Chancery · 1834
- Hickman v. Hall's AdministratorsCourt of Appeals of Kentucky · 1824
3Cited by16 opinions
- Vance v. EvansWest Virginia Supreme Court · 1877
- Davis v. CookSupreme Court of Alabama · 1880
- Hoffman v. RyanWest Virginia Supreme Court · 1883
- Hawaiian Commercial & Sugar Co. v. Wailuku Sugar Co.Hawaii Supreme Court · 1902
- Carpenter v. . Black Hawk Gold Mining Co.New York Court of Appeals · 1875
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