Champlin v. Laytin
New York Supreme Court
[408] Appeal from chancery. The appellants filed a bill in chancery for the foreclosure of two mortgages executed by the respondent, who filed a cross-bill, praying that the mortgages might be cancelled and delivered up, and the appellants be directed to refund the moneys paid by him on the purchase of the lots specified in the mortgages.
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[408] Appeal from chancery. The appellants filed a bill in chancery for the foreclosure of two mortgages executed by the respondent, who filed a cross-bill, praying that the mortgages might be cancelled and delivered up, and the appellants be directed to refund the moneys paid by him on the purchase of the lots specified in the mortgages. It appeared that in January, 1828, the appellants sold to the respondent two lots in the city of New-York, occupying the site of Fifth street, as laid down on the city map made in 1817, which was not then opened, but which subsequent to the sale to the…
1Opinion of the Court
After advisement, the following opinions were delivered:
By Justice Bronson.
[411] [412] Fifth street, running from Broadway to Mercer street through lands owned by the testatrix, Elizabeth Depeyster, was laid down on a map made for the corporation of the city of New-York in the year 1817. In 1821, the appellants caused a map of the lands of the testatrix to be made, on which Fifth st. was laid down to correspond with the city map. They afterwards made sales in pursuance of this survey, and in January, 1822, they sold and conveyed a lot to Samuel Whittemore, extending from Broadway to Mercer…
2Cases cited3 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- In re MayorNew York Supreme Court · 1829
3Cited by10 opinions
- Johnson v. City of ParkersburgWest Virginia Supreme Court · 1880
- Northern Railroad v. MillerNew York Supreme Court · 1851
- State v. PoultererCalifornia Supreme Court · 1860
- United States v. De VisserDistrict Court, S.D. New York · 1882
- Dutchess County Mutual Insurance v. Van WagonenNew York Court of Appeals · 1892
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