Hegeman v. Johnson
New York Supreme Court
THE defendant Jerornus J. Johnson executed a mortgage on three separate parcels of ground at Brooklyn, to Elizabeth S. Champlin and William G-. Jones, executrix and executor of Elizabeth De Peyster, deceased, and afterwards executed an assignment to the defendants John L. Lefferts and David Thurston, for benefit of the creditors. • The mortgage was assigned to the plaintiff for the benefit of Horatio G-. Onderdonk, Esq. the plaintiff's attorney, who is in fact the holder and…
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THE defendant Jerornus J. Johnson executed a mortgage on three separate parcels of ground at Brooklyn, to Elizabeth S. Champlin and William G-. Jones, executrix and executor of Elizabeth De Peyster, deceased, and afterwards executed an assignment to the defendants John L. Lefferts and David Thurston, for benefit of the creditors. • The mortgage was assigned to the plaintiff for the benefit of Horatio G-. Onderdonk, Esq. the plaintiff's attorney, who is in fact the holder and owner of the mortgage. This action was brought to foreclose said mortgage, and the usual judgment of sale was entered.…
1Opinion of the Court
By the Court, Emott, J.
I am inclined to think that a judicial sale by a referee or sheriff, or other officer of the court, is not within the provisions of the statute of frauds. *204(See 1 Vesey, 221; 12 id. 472.) If it be, however, the written report or certificate of the referee, or the note or memorandum made by the auctioneer employed by him as in the present case, would satisfy the provisions of the statute, and remove the objection on that ground to the validity of the contract to purchase, made by Mr. Horatio G. Onderdonk in the name, and professedly as the agent, of his daughter. In the…
2Cases cited5 opinions
- White v. SkinnerNew York Supreme Court · 1816
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
- Meech v. SmithNew York Supreme Court · 1831
- National Fire Insurance v. LoomisNew York Court of Chancery · 1845
- Martin v. HillNew York Supreme Court · 1851
3Cited by3 opinions
- Andrews v. . O'MahoneyNew York Court of Appeals · 1889
- Aspinwall v. TorranceNew York Supreme Court · 1870
- Egan v. BuellesbachAppellate Division of the Supreme Court of the State of New York · 1906