Ferguson v. . Ferguson
New York Court of Appeals
Appeal from chancery. In October, 1821, Reuben Ferguson and wife executed to James Ferguson a bond and mortgage on real estate in Oneida county, conditioned, among other things, to support and maintain the said James and Martha his wife, during their respective lives. James Ferguson died in 1828, and James G. Ferguson, in 1833, took out letters óf administration upon his estate.
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Appeal from chancery. In October, 1821, Reuben Ferguson and wife executed to James Ferguson a bond and mortgage on real estate in Oneida county, conditioned, among other things, to support and maintain the said James and Martha his wife, during their respective lives. James Ferguson died in 1828, and James G. Ferguson, in 1833, took out letters óf administration upon his estate. The bill in this cause was filed in the year last mentioned, by the said James G. as administrator, iu conjunction with Martha, the widow of James, to foreclose the mortgage. The mortgagor, Reuben Ferguson, together…
1Opinion of the CourtJewett, C. J.
It is in general true that no proofs can oe offered of facts nor put in issue by the bill; nor can relief be granted for matters not charged, although they may be apparent from other parts of the pleadings and evidence; and therefore particular care must be taken to put in issue in the bill, whatever is intended to be proved by the complainant in the cause, otherwise he will not be permitted to give it in evidence ; for the court pronounces the decree secundum, allegata et prohata. The reason of this rule is, that the adverse party may be apprized against what suggestions he is to prepare his…
2Cases cited3 opinions
- Crocket v. LeeSupreme Court of the United States · 1822
- James v. M'KernonNew York Supreme Court · 1810
- Lyon v. TallmadgeCourt for the Trial of Impeachments and Correction of Errors · 1817
3Cited by3 opinions
- McCleary v. Malcom Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Winch v. BeanSupreme Court of New Hampshire · 1882
- McCleary v. Malcom Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1900