Patty v. Pease
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the seventh circuit. And the facts so far as they are necessary to the understanding of the principles of law decided in the case, are stated in the following- opinion of the vice chancellor, delivered by him at the time of making the decree appealed from : The complainant should not be permitted to collect his mortgage debt out of the premises sold to Maxwell, and now held by Seymour.
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This was an appeal from a decree of the vice chancellor of the seventh circuit. And the facts so far as they are necessary to the understanding of the principles of law decided in the case, are stated in the following- opinion of the vice chancellor, delivered by him at the time of making the decree appealed from : The complainant should not be permitted to collect his mortgage debt out of the premises sold to Maxwell, and now held by Seymour. Maxwell purchased and took his title and paid the purchase money, without reserving any part thereof to be applied on the mortgage, leaving the…
1Opinion of the Court
Moseley, V. C.
The bill in this cause was filed to foreclose a mortgage, under the following circumstances : On the 10th December, 1810, Erastus Pease executed the mortgage described in the bill to John Patty and Robert Patty, upon a village lot in the village of Auburn, to secure the payment of $755,75, according to the condition of a bond of even date therewith, and the interest. On the 14th day of March, 1827, Pease the mortgagor, sold a portion of the premises covered by the mortgage, to William Maxwell, who afterwards paid the whole consideration for the sale of this portion to Pease. On…
2Cases cited3 opinions
- Evertson v. BoothNew York Supreme Court · 1822
- Governeur v. LynchNew York Court of Chancery · 1830
- Sailly v. ElmoreNew York Court of Chancery · 1831
3Cited by12 opinions
- Iglehart v. WessonIllinois Supreme Court · 1866
- Fassett v. MulockSupreme Court of Colorado · 1880
- St. John v. BumpsteadNew York Supreme Court · 1853
- First Nat. Bank of Rock Springs v. RoderCourt of Appeals for the Eighth Circuit · 1902
- Kendall v. . WoodruffNew York Court of Appeals · 1881
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