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2 Johns. Ch. 484

Hendricks v. Robinson

New York Court of Chancery

Decided June 16, 1817

New York Court of Chancery · decided 1817-06-16

[ * 485 ] BRINCKERH OFF, and Hoffman, for the plaintiff, moved for an order, founded on the pleadings, proofs and decree in this cause, that the defendant Henry Franklin account before a master for the rents and profits of the real estate, mentioned in the pleadings to have been conveyed by the defendants A. &f J. Franklin, to Henry Franklin; and that he state, on oath, to the master, the parts of the real estate conveyed by him, and to whom, and the time when, and the…

Decided 1817-06-16

The Chancellor.

¶1The relief sought cannot be obtained upon this motion. There must, at least, be a rehearing. *485The application goes to change, essentially, the nature and extent of relief; and the reference called for cannot be considered as a mere omission in the decree, to be supplied as of course. It is questionable whether the reference could be granted under the circumstances of this case, even upon a rehearing; but, without giving any opinion on that point, this motion must be denied.

¶2Motion denied.

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