Shufelt v. Shufelt
New York Court of Chancery
This was an appeal from a decree of the late vice chancellor of the third circuit. The hill was tiled to foreclose a mortgage given to the complainant, hy the defendant J. Shufelt, in April, 1835 ; and B. I. Mynderse and N. Van Vranken, the administrators of A. Mynderse, were also made defendants as the holders and owners of a judgment, against the mortgagor, which vías a lien upon the mortgaged premises.
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This was an appeal from a decree of the late vice chancellor of the third circuit. The hill was tiled to foreclose a mortgage given to the complainant, hy the defendant J. Shufelt, in April, 1835 ; and B. I. Mynderse and N. Van Vranken, the administrators of A. Mynderse, were also made defendants as the holders and owners of a judgment, against the mortgagor, which vías a lien upon the mortgaged premises. The bill, after stating the execution of the bond and mortgage, set forth the recovery of a judgment in the supreme court, on the I5th of September, 1834, in favor of B. I. Mynderse as…
1Opinion of the Court
The Chancellor.
It is not important in this case, to examine the question whether Mynderse, one of the administrators, was a competent witness to sustain the validity of the judgment due to the estate which he represented; as the only material fact to which his testimony related was fully proved by Mr. Linn. This last witness establishes the fact that the defendant B. I. Mynderse, as the special *144administrator, had in his possession four promissory notes given by J. Shufeit to the decedent 5 and that Shufeit, upon being applied to by such admnistrator to pay or secure those notes, voluntarily…
2Cases cited2 opinions
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- French v. ShotwellCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by45 opinions
- Hartley v. . HarrisonNew York Court of Appeals · 1861
- Williams v. . TiltNew York Court of Appeals · 1867
- Bennett v. . BatesNew York Court of Appeals · 1884
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
- Hogg v. LinkIndiana Supreme Court · 1883
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