Hulett v. Whipple
New York Supreme Court
THIS action was prosecuted by the plaintiff to foreclose an equitable mortgage for part of the purchase money claimed by him upon certain real estate situated in Clinton county, conveyed by him to one William Cressey, in 1865. The defendants Whipple, Rousseau and Braman, alone defended.
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THIS action was prosecuted by the plaintiff to foreclose an equitable mortgage for part of the purchase money claimed by him upon certain real estate situated in Clinton county, conveyed by him to one William Cressey, in 1865. The defendants Whipple, Rousseau and Braman, alone defended. They defended under two judgments after-wards recovered by them against said Cressey, particularly under one recovered November 13, 1866, for $20,071.49, for actual advances at that time made by them to said Cressey, and then agreed to be made, and afterwards in fact made as upon the faith of said judgment and…
1Opinion of the Court
By the Court, Potter, J.
The ease presents an exceed-
ingly nice question in the law of equity, which, in some of its features, I think, has not been, previously settled, in this State, by any adjudged case. Various cases having features in some respects similar, are found in the books of authority; and there are certain general principles of conceded authority that apply to all cases coming within certain rules, which require no labor to give them application. As for instance, it is a general doctrine of the law of equity, that the vendor of real estate holds an equitable lien, as against the…
2Cases cited4 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- In re HoweNew York Court of Chancery · 1828
- White v. CarpenterNew York Court of Chancery · 1830
- Fisk v. PotterNew York Court of Appeals · 1865
3Cited by8 opinions
- Spring v. . ShortNew York Court of Appeals · 1882
- Maroney v. . BoyleNew York Court of Appeals · 1894
- Hubbell v. . HenricksonNew York Court of Appeals · 1903
- Roane v. BakerIllinois Supreme Court · 1887
- Bentley v. GardnerAppellate Division of the Supreme Court of the State of New York · 1899
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