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Gregory v. Seamons

Supreme Court of Connecticut

Decided January 15, 1792

Supreme Court of Connecticut · decided 1792-01-15

Petition in chancery, alleging that on the 20th day of February A. D. 1782, the petitioner with William Maltbee Betts, of Norwalk in tbe county of Fairfield, and Walter Seamons, Titns Conklin, Benjamin Wood, Benjamin Titus, Timothy Titus, Ebenezer S. Platt, all now of tbe state of New York, and Samuel Allin of tbe state of Vermont; purchased for then joint benefit of Elijah Abel, Esq. the sloop Shuldum, at the price of £766 13s. 4d. money of New York, for which they gave…

Decided 1792-01-15

¶1The court heard the petition on the merits. The arbitrators were admitted and testified with respect to the mistakes in point of fact. The court found that said arbitrators had made mistakes in four articles, amounting in the whole to £132 12s. 5d. York money, being £99 9s.. 3|-d. lawful money, and ordered and decreed that the petitionees should reconvey to the petitioner by a good authentic deed, so much of the land set off to them in satisfaction of said execution, at the appraisal of Messrs. William St. John, etc. appraisers of the land on said execution, to be estimated according to the same rule it was appraised by them before for quantity and quality; said deed to be executed and delivered to the town clerk of Norwalk by the first of next June, etc. for the use and benefit of the petitioner under a penalty.

¶2The court instead of setting aside said award and the subsequent judgment and execution, decreed a rectification of the mistakes, and let the award remain good for the residue, which must be a great saving of expense to the parties.

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