Chillingworth v. Freeman
New York Supreme Court
THIS action is in the nature of a bill in equity, to reach the interest of Edward Chillingworth in the premises described in the complaint, the title to which, he took in the name of his wife, and she having died leaving the defendant her heir at law. The findings will present the facts upon which the decision of the questions involved is based.
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THIS action is in the nature of a bill in equity, to reach the interest of Edward Chillingworth in the premises described in the complaint, the title to which, he took in the name of his wife, and she having died leaving the defendant her heir at law. The findings will present the facts upon which the decision of the questions involved is based. The debt arose in 1853. The conveyance was in 1862, and the payments by Edward C. were in 1862. The wife died in 1869, intestate, and the defendant is her sole heir at law.
1Opinion of the CourtHardin, J.
The ruling was reserved at the hearing-in respect to the admissibility of the judgment roll in the action of this plaintiff against the administrator of Edward S. Chillingworth. That ruling was, by con*380sent of counsel, reserved, and is to be made at the time of the consideration of the other questions in the case.
The question raised by the objections made by the defendant has recently been examined by the Court of Appeal in Sharpe v. Freeman (45 N. Y., 802;) and in acccordance with the rule there laid down, the objections are sustained and the judgment is excluded. It is not binding upon the…
2Cases cited13 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Wood v. . RobinsonNew York Court of Appeals · 1860
- Sharpe v. . FreemanNew York Court of Appeals · 1871
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3Cited by2 opinions
- Tolles v. WoodNew York Court of Appeals · 1885
- Barton v. HosnerNew York Supreme Court · 1881