Johnson v. White
New York Supreme Court
In Equity. This was a motion to dissolve an injunction. On the 28th day of March, 1844, John Tifft 2d purchased of William P. Van Rensselaer several parcels of land in Stephen-town, in the county of Rensselaer. He received a conveyance of the land and executed a mortgage for nine hundred and fifty dollars, to secure a part of the purchase money. Upon this mortgage there was due, at the time this action was commenced, $650 besides interest.
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In Equity. This was a motion to dissolve an injunction. On the 28th day of March, 1844, John Tifft 2d purchased of William P. Van Rensselaer several parcels of land in Stephen-town, in the county of Rensselaer. He received a conveyance of the land and executed a mortgage for nine hundred and fifty dollars, to secure a part of the purchase money. Upon this mortgage there was due, at the time this action was commenced, $650 besides interest. On the 80th of Sept. 1848, Tifft sold to the plaintiff one of the parcels of land so purchased by him, and received the consideration therefor.…
1Opinion of the CourtHarris, J.
I have no doubt of the right of the plaintiff to maintain this action. He had, at the time he brought the suit, such an equitable interest in the premises claimed by the defendants under their assignment as justified him in applying for an injunction to restrain the defendants from committing acts which might result in irreparable injury to him. The defendants were the assignees of an equity of redemption in the land. This land was primarily chargeable with the payment of the mortgage for the purchase money. The plaintiff’s land was chargeable in case the land assigned should prove…
2Cases cited1 opinion
- Watson v. Le RowNew York Supreme Court · 1849
3Cited by4 opinions
- Coleman ex rel. Smith v. Stearns Manufacturing Co.Michigan Supreme Court · 1878
- Knarr v. ConawayIndiana Supreme Court · 1873
- Bank of Chenango v. CoxNew Jersey Court of Chancery · 1875
- Trustees of Fund for Support of Episcopate v. MattesonNew York Supreme Court · 1887