[DOWNLOAD] "Benjamin Story, Appellant v. Louisa Livingston" by United States Supreme Court " Book PDF Kindle ePub Free

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• Title: Benjamin Story, Appellant v. Louisa Livingston
• Author : United States Supreme Court
• Release Date : January 01, 1839
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

This cause having been before this Court as its term in 1837, it was then decreed, that the decree of the District Court, dismissing the bill of the complainant, should be reversed; that the cause should be sent back for further proceedings in the Court below, with directions that it should be referred to a master, to take an account between the parties. The mandate then recites the principles upon which the account was to be made; provides the time within which any sum that may be found to be due to either of the parties should be paid after the entry of a final decree in the Court below; directs, if a sum shall be found due to the complainant, a surrender and reconveyance of the property from the defendant to the complainant, or to such person or persons as shall be shown entitled to the same; and further orders, in the event of a sum being found to be due to the defendant, if it shall not be paid within six months after a final decree of the District Court upon the master's report, that the property shall be sold by order of the District Court, at such time and notice as the Court shall direct; and that the proceeds be first applied to the payment of the balance due the defendant, and that the residue thereof be paid to the complainant. In pursuance of the mandate, the District Court appointed Duncan N. Hennen master, to examine into and report upon the account according to the rules and principles established in the judgment of this Court. The master was sworn in open Court, faithfully to perform the duties of his appointment. On the same day the master ordered a meeting to be held on the 6th of March, which was adjourned to the 8th; when he commenced the reference by taking testimony in behalf of the complainant, and it was adjourned to the next day. The meeting was then adjourned to the 24th March, when other testimony was taken; was then adjourned to the 1st April; thence, on the application of the defendant, was adjourned to the 15th April, and the reference was closed the day after. All the meetings were attended by the parties; the complainant being represented by counsel, and the defendant having been personally present, aided by counsel. After these proceedings were had, the defendant's counsel, in November following, obtained an order from the Court upon the complainant, to show cause why the 'suit should not be stricken from the docket, the bill of the complainant dismissed, or the suit abated;' which rule was returnable on the 1st December. The grounds relied upon to sustain this motion were, 1. That Edward Livingston, the former complainant, departed this life on ___ day of _____ and before the hearing of the cause in this Court, at the spring term thereof in 1836.

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