Woods v. Monell
New York Court of Chancery
THE bill stated, that on the 30th of July, 1812, Sackett, one of the defendants, was seised of the premises, being indebted to the plaintiff and others; and, in order to secure them, conveyed the premises to the plaintiff, his heirs and assigns; and the deed was registered the 6th of August, 1812. The premises are described as situate in the town ai Newburgh,, being lot No. 34., and the easterly end of lot No. 38., containing three acres and a half, bounded south by the…
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THE bill stated, that on the 30th of July, 1812, Sackett, one of the defendants, was seised of the premises, being indebted to the plaintiff and others; and, in order to secure them, conveyed the premises to the plaintiff, his heirs and assigns; and the deed was registered the 6th of August, 1812. The premises are described as situate in the town ai Newburgh,, being lot No. 34., and the easterly end of lot No. 38., containing three acres and a half, bounded south by the turnpike road, east by Liberty-street, north by land of Smith, &c. and west by land of Taylor, &c. out of the said tract of…
1Opinion of the Court
The Chancellor.
The suit is brought to set aside the sheriff’s sale, on the ground of fraud. The plaintiff has not made out a case of actual fraud; and if the sale is invalid, it must be because the premises described in the case were sold contrary to law, by being sold entire, and not in parcels, as the plaintiff requested.
I have no doubt of the value and solidity of the rule, that where a tract of land is in parcels, distinctly marked for separate and distinct enjoyment, it is, in general, the duty of the officer to sell by parcels, and not the whole tract, in one entire sale. To sell the…
2Cases cited1 opinion
- Stead's Executors v. CourseSupreme Court of the United States · 1808
3Cited by13 opinions
- Williams v. AllisonSupreme Court of Iowa · 1871
- Cresson v. StoutNew York Supreme Court · 1819
- Tiernan v. WilsonNew York Court of Chancery · 1822
- Jackson ex dem. Vanderlyn v. NewtonNew York Supreme Court · 1820
- Catlett v. GilbertIndiana Supreme Court · 1864
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