In re Howe
New York Court of Chancery
Previous to the 3d of January, 1817, the petitioner, Howe, was seized, in his own right, of one undivided fourth part of a certain tract of land in the city of New York; and was also seized in right of his wife, of one other undivided ^fourth part thereof. David Dunham owned one undivided fourth, and the remaining one-fourth belonged to D. D. Tompkins.
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Previous to the 3d of January, 1817, the petitioner, Howe, was seized, in his own right, of one undivided fourth part of a certain tract of land in the city of New York; and was also seized in right of his wife, of one other undivided ^fourth part thereof. David Dunham owned one undivided fourth, and the remaining one-fourth belonged to D. D. Tompkins. The share of Tompkins was subjected to the lien of a mortgage given by him to George J. Banks, in October, 1806. On the 3d of January, 1817, an unequal division of the premises was made by the parties in interest; by which two lots were…
1Opinion of the Court
*128The Chancellor :—If the division of the property between the original owners, threw the whole mortgage previously given by Tompkins upon his undivided half of the premises released to himself and Dunham on that division, Banks would clearly be entitled to the funds in the hands of the master, to satisfy the balance now due on his mortgage. That balance would still remain a lien upon so much of that undivided half as was not sold under the decree of foreclosure. But if, after that division, as I am inclined to believe, under the circumstances of this case, the mortgage remained a lien at law…
2Cases cited5 opinions
- Corning & Norton v. WhiteNew York Court of Chancery · 1831
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
- Luckenbach v. BrickensteinSupreme Court of Pennsylvania · 1843
- Foster v. FoustSupreme Court of Pennsylvania · 1815
- Hurst v. HurstU.S. Circuit Court for the District of Pennsylvania · 1807
3Cited by91 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Payne v. . WilsonNew York Court of Appeals · 1878
- Toledo, Delphos & Burlington Railroad v. HamiltonSupreme Court of the United States · 1890
- Chase v. . PeckNew York Court of Appeals · 1860
- Sprague v. . CochranNew York Court of Appeals · 1894
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