Crosby v. . Wood
New York Court of Appeals
Appeal from a decree of the late Court of Chancery, where that of the vice-chancellor of the eighth circuit had been reversed, and the plaintiff's bill dismissed, with costs, as to one of the defendants.
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Appeal from a decree of the late Court of Chancery, where that of the vice-chancellor of the eighth circuit had been reversed, and the plaintiff's bill dismissed, with costs, as to one of the defendants. This was a bill in equity to foreclose a mortgage for $2000, dated the 1st August 1837, given by Nathaniel Crosby to the plaintiff and Charles Crosby, since deceased ; and to have the said mortgage declared a prior lien to an older judgment obtained by the defendant, Bradford R Wood, against the mortgagor. On the 11th May 1837, the defendant Wood was the holder of a judgment against Nathaniel…
1Opinion of the CourtJohnson, J.
— This is an appeal by the complainant, from a decree of the chancellor, made in the late court of chancery, in favor of the defendant, Bradford R Wood, reversing a decree of the vice-chancellor of the eighth circuit, in favor of the complainant, against the said defendant and others. The single question in the cause is, whether the mortgage of Nathaniel Crosby and wife to the complainant, bearing date the 1st August 1837, is equitably entitled to priority over a judgment in favor of the defendant, Bradford B. Wood, against the said Nathaniel Crosby, and others, rendered in the supreme court,…
2Cited by15 opinions
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