Douglass v. Sherman
New York Court of Chancery
Sherman, the defendant, is in possession of a lot of land, claiming title to the same under a decree of foreclosure upon a mortgage executed by W. Brady and wife, in 1813. At the time the bill was filed to foreclose that mortgage, Edward Douglass was a judgment creditor of Brady, but was not made a party to the suit.
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Sherman, the defendant, is in possession of a lot of land, claiming title to the same under a decree of foreclosure upon a mortgage executed by W. Brady and wife, in 1813. At the time the bill was filed to foreclose that mortgage, Edward Douglass was a judgment creditor of Brady, but was not made a party to the suit. He shortly afterwards, and before the decree of foreclosure was obtained, became the purchaser of Brady’s interest in the premises, under a sheriff’s sale upon his judgment. In April, 1820, he filed his bill in this suit against Sherman to redeem. The cause was heard on pleadings…
1Opinion of the Court
The Chancellor.
It appears to be well settled that the defendant may raise the objection at the hearing that the suit has abated as to some of the parties, whose rights should be before the court to enable it to make a proper decree. And if it appears that the suit is not properly revived, or that the complainant had no right to revive, he cannot have a decree. • (Russell’s heirs v. Craig’s devisee, 3 Bibb, 377. Harris v. Pollard, 3 P. Wms. 348. Lasco and others v. Moyers, Bumb. 144.) The 107th section of the title of the revised statutes relative to this court, (2 R. S. 184,) and the…
2Cases cited2 opinions
- Grant v. DuaneCourt for the Trial of Impeachments and Correction of Errors · 1812
- Russell's heirs v. Craig'sCourt of Appeals of Kentucky · 1814
3Cited by5 opinions
- Beach v. ReynoldsNew York Court of Appeals · 1873
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- Beach v. Reynolds & BushNew York Supreme Court · 1873
- Thorburn v. GatesAppellate Division of the Supreme Court of the State of New York · 1920
- Boynton v. BoyntonSuperior Court of New Hampshire · 1850