Robinson v. Cropsey
New York Court of Chancery
The bill in this cause was filed for the purpose of ascertaining the effect of certain articles of agreement entered into between the complainant, Alexander Robinson and one John Sharp, (since deceased) on the first day of May, one thousand eight hundred and nineteen ; and the question for the court was, whether a mortgage had been created or only a conditional sale had taken place ? In the year one thousand eight hundred and seventeen, John Sharp was seized of a…
Read the full summary
The bill in this cause was filed for the purpose of ascertaining the effect of certain articles of agreement entered into between the complainant, Alexander Robinson and one John Sharp, (since deceased) on the first day of May, one thousand eight hundred and nineteen ; and the question for the court was, whether a mortgage had been created or only a conditional sale had taken place ? In the year one thousand eight hundred and seventeen, John Sharp was seized of a considerable real estate at Brooklyn, consisting, amongst other property, of eight lots of ground designated on a map by the…
1Opinion of the Court
The Vice-Chancellor:
I do not perceive, in the proceedings between the parties, any thing inconsistent with a purchase under the agreement of the first of May one thousand eight hundred and nineteen: provided the agreement itself and the circumstances of the case will admit of its being so considered.
The two mortgages were held by the complainant, at the time of entering into the agreement, as security collateral to the account current; and there is nothing incompatible with this, in the complainant’s stipulation to give up the account current and the money due upon it as a part of the…
2Cited by24 opinions
- Ruffier v. WomackTexas Supreme Court · 1867
- McNamara v. CulverSupreme Court of Kansas · 1879
- West v. HendrixSupreme Court of Alabama · 1856
- Calhoun v. LumpkinTexas Supreme Court · 1883
- Holmes v. GrantNew York Court of Chancery · 1840
19 more not listed; retrieve them via the Exa API.