Wendell v. Lewis

Citations

• 6 Paige Ch. 233
• 1837 N.Y. LEXIS 249
• 1837 N.Y. Misc. LEXIS 33

Syllabus

<p>Upon the hearing of an appeal from the decree of a vice chancellor, no' other' evidence can be received or read than that which was read upon the hearing before the vice chancellor. Neither party, therefore, before the hearing of the appeal, will be permitted to open the order to close the proofs in the cause for the purpose of taking further testimony.</p> <p>If the decree of the vice chancellor is reversed, it seems.the chancellor may,in his discretion, allow the respondent to introduce new testimony as to facts discovered subsequently to the hearing before the vice chancellor,before he proceeds to make a final decree upon such appeal.-</p> <p>Where the vice chancellor has decreed that real estate in the possession of the appellant belongs to the respondent, the chancellor will not order a portion of such estate to be sold, upon the application of the appellant pending the appeal, to pay the taxes and assessments thereon, contrary to the wishes of the respondent, and while the appellant is receiving the rents and profits of the estate.</p>