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The Chancellor. From the bill, answer and testimony, it is apparent that the defendant was practising upon the fears of a timid and ignorant man, and that the assignment of the mortgage in question, was in fact procured without any consideration whatever. The complainant is entitled to a decree that the defendant, Whitney,, re-assign .and re-deliver said mortgage to the complainant within thirty days from the service of a copy of the decree in this cause.
Decree accordingly.
* An appeal was taken in this caseto the supreme court, and the decree of the Chancellor affirmed, January 22, 1839.
Document Info
Citation Numbers: 1 Harr. Ch. 145
Filed Date: 1/11/1839
Precedential Status: Precedential
Modified Date: 9/8/2022