Bergen v. Bennett
Court for the Trial of Impeachments and Correction of Errors
THIS was an appeal from the decision of his Honor the chancellor, permitting the respondent to redeem. The facts, as they appeared from the bill, answer, and testimony, were these. On the 12th of April, 1776, Wilhelmus Bennett, deceased, executed to John Vanderbilt, a bond for £600, payable in one year, with interest at 5 per cent.; and, for further security, he also gave a mortgage on 67 acres of land, situated at a place called Gowanes.
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THIS was an appeal from the decision of his Honor the chancellor, permitting the respondent to redeem. The facts, as they appeared from the bill, answer, and testimony, were these. On the 12th of April, 1776, Wilhelmus Bennett, deceased, executed to John Vanderbilt, a bond for £600, payable in one year, with interest at 5 per cent.; and, for further security, he also gave a mortgage on 67 acres of land, situated at a place called Gowanes. Shortly after this, on the 8th of November, 1776, the mortgagor died intestate, leaving the respondent Wilhelmus, then a minor of fifteen years of age, his…
1Opinion of the CourtPer curiam delivered by Kent, J.
This case comes before - the court on an appeal from a decree of the court of chancery, that the respondent be permitted to redeem. The reason assigned for the decree was, that the power to sell expired with the life of the mortgagor. This doctrine, if sound, renders it unnecessary to discuss any of the other points. If the power was extinct, the sale was null, and the right of the respondent to redeem exists in full force. It is proper therefore to turn our first attention to this point; and, although my examination of it has led me to a different conclusion^ I have made it with the…
2Cited by5 opinions
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Carroll v. HendersonSupreme Court of Alabama · 1915
- Estep v. ArmstrongCalifornia Supreme Court · 1891
- Chapman v. Regional Agricultural Credit Corp.District Court, D. Montana · 1941
- Den ex dem. Watson v. MulfordSupreme Court of New Jersey · 1848