James Moore Wayne

“ To the third point in this case, we rule, that the Chancellor had authority, under the acts passed for the relief of Thomas B. Clarke, to assent to a conveyance of the premises in dispute by his trustee, but that it was not within the jurisdiction given to the Chancellor by the acts of the state of New York mentioned in this case, to order that the trustee might make a conveyance of any part of the premises devised, as is mentioned in this case, for a precedent debt due by the trustee to his grantee. ”

“ The first and second points certified in this cause have been decided by this court, in its ruling of the second and third points in the case of Williamson and Wife v. Joseph Berry. We direct, that those rulings of the second and third points in the case just mentioned shall be taken as the answers given by this court to the first and second points in this case. ”