Burhans v. . Van Zandt
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the third district, where a decree had been made, dismissing the plaintiffs’ bill, without prejudice to their remedy at law.
Read the full summary
Appeal from the general term of the Supreme Court, in the third district, where a decree had been made, dismissing the plaintiffs’ bill, without prejudice to their remedy at law. (Reported below, 7 Barb. 91.) This was a bill in equity, filed in the late court of chancery, by Hannah Van Antwerp and others, to set aside a purchase under a municipal assessment, as a fraud upon the rights of the complainants, and to compel a surrender of the premises to David Burhans, their trustee. On the 14th August 1816, Thomas Van Zandt being seised in fee of a block of ground, in the city of Albany, bounded…
1Opinion of the Court
''Gardiner, J.
I am inclined to the opinion, that the decree dismissing the bill of William J. Van Zandt, absolutely, and without reservation, was conclusive evidence of the validity of the deed executed by Thomas Van Zandt to Van Antwerp, on the 14th of August 1816. The decision was after proofs taken, and upon the merits, and I am unable to perceive, why this case should be excepted from the general principle, that a party shall be concluded from insisting in his defence to a second suit between the same parties, or their representatives, upon piatters which were actually litigated and…
2Cases cited5 opinions
- Van Horne v. FondaNew York Court of Chancery · 1821
- Betts v. StarrSupreme Court of Connecticut · 1825
- Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
- Jackson ex dem. Hudson v. AlexanderNew York Supreme Court · 1808
- Jackson ex. dem. Stone v. ScottNew York Supreme Court · 1820
3Cited by22 opinions
- Connecticut Mutual Life Insurance v. BulteMichigan Supreme Court · 1881
- Phelan v. BoylanWisconsin Supreme Court · 1870
- Wheeler v. TaylorOregon Supreme Court · 1898
- Clark v. KirklandAppellate Division of the Supreme Court of the State of New York · 1909
- Williams v. HayesWisconsin Supreme Court · 1887
17 more not listed; retrieve them via the Exa API.