Pardee v. Van Anken
New York Supreme Court
In Equity. Original and cross bills. The original bill was filed to foreclose a mortgage, which had been executed by one Fuller, a former owner of the premises in question, (which consisted of a large and valuable farm in the county of Onondaga,) and was the oldest lien on the premises. After the execution of this mortgage, Fuller conveyed the premises (subject to said mortgage,) to Edward Morey and the father of William C. Morey, as tenants in common.
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In Equity. Original and cross bills. The original bill was filed to foreclose a mortgage, which had been executed by one Fuller, a former owner of the premises in question, (which consisted of a large and valuable farm in the county of Onondaga,) and was the oldest lien on the premises. After the execution of this mortgage, Fuller conveyed the premises (subject to said mortgage,) to Edward Morey and the father of William C. Morey, as tenants in common. The father of William died, leaving Betsey Morey his widow, and William C. his only heir. Subsequently, William 0. Morey being an infant, all…
1Opinion of the Court
By the Court,
Gridley, J.
The pressure of our various duties compels us, for want of time, to state in a very brief and informal manner, the conclusions at which we have arrived in this cause.
I. We think that the special guardian being the mortgagee, for the benefit of the infant, in a mortgage junior to. that held by the complainant in the first of the above entitled suits, was the proper party to file a bill for the redemption and assignment of the senior mortgage; not as spepiql guardian merely, but as the mortgagee, representing the interests of the infant with respect to the mortgage. A…
2Cases cited6 opinions
- Halsey v. ReedNew York Court of Chancery · 1842
- Curtis v. TylerNew York Court of Chancery · 1842
- Marsh v. PikeNew York Court of Chancery · 1844
- Jumel v. JumelNew York Court of Chancery · 1839
- Leonard v. MorrisNew York Court of Chancery · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- Rardin v. WalpoleIndiana Supreme Court · 1871
- Catterlin v. ArmstrongIndiana Supreme Court · 1881
- Smith v. ShaySupreme Court of Iowa · 1883
- Wilson v. TarterOregon Supreme Court · 1892
9 more not listed; retrieve them via the Exa API.