Fellers v. Lee
New York Supreme Court
In Equity. The bill of complaint in this cause alleged that on the 6th of January, 1823, John P. Fellers executed, under his hand and seal, and delivered to James Burt, a bond in the penalty of $300, conditioned for the payment of $150 within two years from the date thereof; and that the same was secured by a mortgage, of the same date, on the premises described in the bill.
Read the full summary
In Equity. The bill of complaint in this cause alleged that on the 6th of January, 1823, John P. Fellers executed, under his hand and seal, and delivered to James Burt, a bond in the penalty of $300, conditioned for the payment of $150 within two years from the date thereof; and that the same was secured by a mortgage, of the same date, on the premises described in the bill. The assignment of the bond and mortgage to the plaintiffs was also alleged; and it was stated that $150 and interest from January, 1823, remained due and unpaid, and that no proceedings had been had at law to collect the…
1Opinion of the CourtParker, J.
The defendant argues that his demurrer is well taken, because the bill of complaint was filed more than twenty years after the money secured to be paid by the bond and mortgage fell due. It is undoubtedly competent for the defendant, on demurrer to the bill, to shew the time when it was filed, by reference to the memorandum of filing, endorsed by the clerk on the original bill. Such memorandum is a part *490of the record, of which the court judicially takes notice. (Van Hook v. Whitlock, 7 Paige, 382.) And the fact is therefore before the court, that more than twenty years elapsed between the…
2Cases cited3 opinions
- Clark v. HallNew York Court of Chancery · 1839
- Humbert v. The RectorNew York Court of Chancery · 1838
- Bailey v. JacksonNew York Supreme Court · 1819
3Cited by1 opinion
- Allen v. AllenNew York Supreme Court · 1880