Sprague v. Graham
New York Court of Chancery
This was an appeal by the defendant J. L. Graham from an order of the vice chancellor of the eighth circuit amending the decree in this cause, after enrolment, so as to make it a personal decree against the appellant. The bill was filed to foreclose a mortgage given by the defendant Jones, solely, but the mortgage debt wat: -'"tired by the joint and several bond of both the d ' " to.
Read the full summary
This was an appeal by the defendant J. L. Graham from an order of the vice chancellor of the eighth circuit amending the decree in this cause, after enrolment, so as to make it a personal decree against the appellant. The bill was filed to foreclose a mortgage given by the defendant Jones, solely, but the mortgage debt wat: -'"tired by the joint and several bond of both the d ' " to. The ’ ”” tained the usual prayer pescribed in the short form for bills of foreclosure, as settled by the chancellor under the provisions of the act of the 14th of May, 1840, to reduce the expense of foreclosing…
1Opinion of the Court
The Chancellor.
Two objections are made to the order appealed from in this case : First, that this is not a case in which a decree could be altered in so material a a part without a rehearing ; and, Secondly, that if the supposed defect in the decree could be supplied, the form of the relief given by the vice chancellor was improper. It does not appear by the papers that this was a mere clerical errorj as it is not shown that the complainant asked at the hearing for a personal decree against the appellant, as a party to the bond, or that any such decree was granted by the court previous to the…
2Cited by11 opinions
- Bankers Trust Co. v. 1 East 88th Street Corp.New York Court of Appeals · 1940
- Livermore v. . BainbridgeNew York Court of Appeals · 1872
- Cold Spring Light, Heat & Power Co. v. SelleckNew York Court of Appeals · 1931
- Hoover v. HooverOregon Supreme Court · 1901
- Jones v. FayerweatherSupreme Court of New Jersey · 1889
6 more not listed; retrieve them via the Exa API.