D'Ivernois v. Leavitt
New York Supreme Court
IN. EQUITY. This was an appeal by the plaintiffs from a judgment or decree in equity, entered at a special term. On the 29th of March, 1845, the mercantile firm of J. W. & R. Leavitt, in the city of New York, suspended payment and became insolvent, being indebted to the defendant David Leavitt, for money lent and advanced by him to said firm, $70,948.16. A portion of this indebtedness was secured by mortgage, executed by John W. Leavitt.
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IN. EQUITY. This was an appeal by the plaintiffs from a judgment or decree in equity, entered at a special term. On the 29th of March, 1845, the mercantile firm of J. W. & R. Leavitt, in the city of New York, suspended payment and became insolvent, being indebted to the defendant David Leavitt, for money lent and advanced by him to said firm, $70,948.16. A portion of this indebtedness was secured by mortgage, executed by John W. Leavitt. Before their failure, David Leavitt had incurred liabilities, on their behalf, to aid them in their business, which liabilities existing at the time of the…
1Opinion of the CourtClerke, J.
The rights relating to the acquisition, enjoyment and disposition of real property, are prescribed and regulated, exclusively by the laws of the country in which the property is situated. Every community, independent and sovereign, possesses this power, as an inherent and essential element of its sovereignty. No other community can interfere with the method by which real property may be acquired or lost, the tenure by which it may be held, the duration or quantity of interest in it, or the conditions to which the enjoyment of it is subject; but an instrument purporting to dispose of real…
2Cases cited1 opinion
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by5 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Jessup v. . HulseNew York Court of Appeals · 1860
- Lippincott v. Shaw Carriage Co.U.S. Circuit Court for the District of Indiana · 1885
- Jessup v. HulseNew York Supreme Court · 1859
- Eicks v. CopelandTexas Supreme Court · 1880