Kellogg v. Rand
New York Court of Chancery
This was an appeal by J. Cogswell, one of the defendants, from so much of the decree in this cause as directed the part of the mortgaged premises upon which the appellant held a subsequent incumbrance to be sold first, to satisfy the prior mortgage thereon to the complainant.
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This was an appeal by J. Cogswell, one of the defendants, from so much of the decree in this cause as directed the part of the mortgaged premises upon which the appellant held a subsequent incumbrance to be sold first, to satisfy the prior mortgage thereon to the complainant. In January, 1835, the defendant Rand, mortgaged to J.' Dater, a piece of land in the southeast corner of lot B. in Troy, being forty-three feet in front on Seventh-stteet, and running back seventy-four feet on the south line of lot B.j and also a strip of land four feet-in width on such south line extending thirty-one…
1Opinion of the Court
The Chancellor.
The decree is erroneous in directing the south half of the mortgaged premises to be sold first, even if the vice chancellor was right in supposing that Gray’s mortgage *64was entitled'to a preference over that of the appellant. The admission of the parties that, the part of the premises included in Gray’s mortgage is not sufficient to satisfy the balance due upon that mortgage, and also to satisfy the complainant’s mortgage and the costs,, is not sufficient to throw the whole charge of the first incumbrance and the costs, upon the south half of the premises, which was conveyed to…
2Cited by8 opinions
- La Farge Fire Insurance v. BellNew York Supreme Court · 1856
- Mobile Marine Dock & Mutual Insurance v. HuderSupreme Court of Alabama · 1860
- Zabriskie v. . SalterNew York Court of Appeals · 1880
- Metcalf & Cushing v. Van BruntNew York Supreme Court · 1862
- Johnson v. WilliamsSupreme Court of Minnesota · 1860
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