Roosevelt v. Ellithorp
New York Court of Chancery
This was an appeal by the complainant from a decree of the assistant vice chancellor, dismissing the bill in each of these causes with costs. In October, 1811, H. A. Outhout sold and conveyed the mortgaged premises, as the attorney of Eliza Evertson, to D. Smead, and took back a bond and mortgage for the purchase money, payable with interest, the one half on the 1st of May, 1812, and the residue in one year thereafter.
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This was an appeal by the complainant from a decree of the assistant vice chancellor, dismissing the bill in each of these causes with costs. In October, 1811, H. A. Outhout sold and conveyed the mortgaged premises, as the attorney of Eliza Evertson, to D. Smead, and took back a bond and mortgage for the purchase money, payable with interest, the one half on the 1st of May, 1812, and the residue in one year thereafter. It was shortly afterwards discovered that by mistake this mortgage did not include the whole of the purchase money, and another mortgage was thereupon given by Smead, for the…
1Opinion of the Court
The Chancellor.
I think the assistant vice chancellor arrived at the correct conclusion that the whole amount due upon each of the mortgages had been paid previous to the death of the mortgagee. The statement made by Outhout, the agent, in April, 1823, shows that the interest was paid to that time, and that $227,26 of the principal only, was then due. And if the testimony of Beecher is to be credited, as to the date of the $125 receipt, of which there is no doubt, the whole amount was subsequently paid to Outhout, either as the agent of the mortgagee, or as the admitted equitable owner of the…
2Cited by13 opinions
- Fox v. BurnsNew York Supreme Court · 1852
- Sherrell v. ShepardSupreme Court of Florida · 1882
- In re HarveyNew York Surrogate's Court · 1877
- In re the Judicial Settlement of the Estate of JohnsonNew York Surrogate's Court · 1925
- Gilman v. McArdleThe Superior Court of New York City · 1883
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