Lansing v. Orcott — 16 Johns. 4

Majority

p. 4

Lansing against Orcott.

Headnote

This Court, frau or great orderaperpeexe!ution°pro" vided the facts are made pernoto tié Court, so that complete justice can be done to all the parties concerned ; otherwise the execution may be stayed for a definite time, so as to give the party an Opportunity of applying to the Court of Chancery for relief.

FOOT, for the defendant, móved for an order for a perpetual stay of the execution issued in this cause ; and read a number of affidavits in support of the motion, relying on the case of Smith v. Page, ( 15 Johns. Rep. 395 .)

^usse^¡ contra, after reading several affidavits, cited 2 Yeates'1. Penn. Rep. 516. 5 Binnetps Rep. 61. 7 Mass. J or Rep. 71. 4 Cranch, 413 . 1 Johns. Ch. Rep. 505 .

There are so many parties interested in this case, and the facts are so complex, that we cannot, on this application, do justice to all concerned. We shall, therefore, order a stay of the execution for three months, to the end, that the parties may apply to the Court of Chancery -r and that no costs are to he allowed to either side. We do not refuse to interfere farther, on the ground of any want of jurisdiction ; for we should not hesitate to grant relief, if it was such a clear case, that we could do justice to all the parties interested.

Rule accordingly.