Minthorne v. Tompkins

2 Paige Ch. 102 | New York Court of Chancery | 1830

The Chancellor

decided that the-lllth rule "did not apply to the case of a sale under ah interlocutory order of the court; that in .such a case, the 'deed might be executed beforeenrolment. But-if the decree was final as to the whole subject matter of the sale, that it must be enrolled before any. conveyance could be executed ¡ although, as to other branches of the suit, another decree might be necessary before the cause was finally disposed of by the court. And that if a bill was dismissed with costs as to one defendant, the decree must be enrolled before any execution could issue thereon. And that the enrolment of any subsequent decree between other parties, or as to other matters, must be made by a continuance on the record of the first enrolment.