Malins v. . Brown
New York Court of Appeals
The bill in this cause was filed by John Malins, against Brown and others, executors of Hathan Munroe deceased, for the purpose of enforcing an agreement alledged to have been made by the decedent, to discharge certain lands from the lien of a mortgage held by him.
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The bill in this cause was filed by John Malins, against Brown and others, executors of Hathan Munroe deceased, for the purpose of enforcing an agreement alledged to have been made by the decedent, to discharge certain lands from the lien of a mortgage held by him. Malins, in 1836, negotiated with one Heman Ward for the purchase of forty acres of land situated in Brutus, Cayuga county, for which he was to pay $1500. Munroe, the defendant’s testator, at that time held a mortgage on the same lands and on other lands for about $2200, which had been given by Ward in 1833. Malins declined to…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] According to the bill, and the proofs in the cause, it appears that Malins and Ward were negotiating for the purchase and sale of a lot of land, owned by the latter, upon which, together with other lands, a mortgage held by N. Munroe, the defendants' testator, was a lien; that Malins insisted that the premises should be discharged from that incumbrance before he would complete the purchase. It was then arranged between the mortgagee, Malins, and Ward, that the…
2Cited by23 opinions
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- McKinley v. . HessenNew York Court of Appeals · 1911
- Miller v. . BallNew York Court of Appeals · 1876
- Rindge v. . BakerNew York Court of Appeals · 1874
- Ely v. WilcoxWisconsin Supreme Court · 1870
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