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Devaucene v. Devaucene

Devaucene v. Devaucene and others

Devaucene v. Devaucene, 1 Edw. Ch. 272 (1832)
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Court
New York Court of Chancery · State Highest Courts
Decided
February 6, 1832
Judges
Cancellor
Citations
1 Edw. Ch. 2721832 N.Y. LEXIS 2361832 N.Y. Misc. LEXIS 10
Headnotes
’ Papers used upon an application for a writ of assistance and for other relief, where a decree had directed a reconveyance of an estate and possession to be given and which were refused.
Summary
The decree in this case had set aside a deed conveying real estate in the village of Brooklyn, and directed the defendants to reconvey .the property to the complainant and give up possession. They had made default in doing so; and Mr. David Graham, on the part of the complainant, now moved for a writ of assistance and for such other relief as the court might see proper to g;rant. The motion was founded upon the following documents: Notice of the motion and affidavit of personal service of a copy of the same and of the other papers; A certified copy of the decree; Certificate of the.enrolment of the decree ; Deed of reconveyance, approved of by a master; Affidavit showing a demand of possession and execution of the deed of reconveyance and refusal to do either.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cancellor

Text extracted by OCR from a scanned original; check the original for exact wording.

The Vice-Cancellor.

Take a writ of assistance; and let an attachment issue, in case the deed be not executed within ten days.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1860–1861: 11874–1875: 11886–1887: 11888–1889: 11896–1897: 118602026peak 1860 · 1

Relies on it most ⓘ

  1. Stanley v. Sullivan37 N.W. 801 (Wis. 1888)
  2. Rawiszer v. Hamilton51 How. Pr. 297 (1875)
  3. Lehigh Zinc & Iron Co. v. Trotter43 N.J. Eq. 185 (1887)
  4. Schenck v. Conover13 N.J. Eq. 220 (1860)
  5. King v. Wilson54 N.J. Eq. 247 (1896)

Most recent

  1. King v. Wilson54 N.J. Eq. 247 (1896)
  2. Stanley v. Sullivan37 N.W. 801 (Wis. 1888)
  3. Lehigh Zinc & Iron Co. v. Trotter43 N.J. Eq. 185 (1887)
  4. Rawiszer v. Hamilton51 How. Pr. 297 (1875)
  5. Schenck v. Conover13 N.J. Eq. 220 (1860)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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