Ferguson v. Kimball
New York Court of Chancery
This was an appeal by the defendants W. Kimball, D. Tucker, and D. Tucker, jun. from a decree of the vice chancellor of the fifth circuit, made upon the rehearing of á mortgage case, after a decree of foreclosure and sale had been made therein.
1Opinion of the Court
The Chancellor.
It has long been settled in this court that upon a rehearing, the case is open, as to the party upon whose application the order for a rehearing was granted, only as to those parts of the decree which were complained of in the petition upon which that order was founded. (Consequa v. Fanning, 3 John. Ch. Rep. 594.) By the original decree in this case the vice chancellor decided and declared, that the condition of the bond and mortgage, for the foreclosure of which this suit was brought, had not been complied with. And he directed a reference to a master to ascertain the amount…
2Cited by6 opinions
- In re Boston, H. & E. R.U.S. Circuit Court for the District of Southern New York · 1872
- Lewis v. DuaneNew York Supreme Court · 1893
- Winch v. BeanSupreme Court of New Hampshire · 1882
- Fay v. HebbardNew York Supreme Court · 1886
- Fay v. HebbardNew York Supreme Court · 1886
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