Mower v. Kip
New York Court of Chancery
This case came before the chancellor upon an appeal by the complainants, and upon a cross appeal by J. J. Rosevelt, one of the defendants, from a decree of the vice chancellor of the first circuit.
Read the full summary
This case came before the chancellor upon an appeal by the complainants, and upon a cross appeal by J. J. Rosevelt, one of the defendants, from a decree of the vice chancellor of the first circuit. The controversy related to the manner of distributing the proceeds of the sale of mortgaged premises, which had been sold under a decree of foreclosure in this suit; and as to the amount of such proceeds, to which the appellants were respectively entitled, as against each other, and as against the other parties in the suit. The appellant, J. J. Rosevelt, was a judgment creditor of Cornelius Kip,…
1Opinion of the Court
The Chancellor.
There can be no doubt as to the correctness of the vice chancellor’s decision that the defendant Rosevelt lost his legal priority over the mortgagee, by his neglect to enforce the lien of his judgment within the ten years. The opinion of Mr. Justice Sutherland in Little v. Harvey, referred to by the vice chancellor, (2 Edw. Ch. Rep. 169,) has since been sustained by a decision of this court, upon the point which is now under consideration. (See Pettit v. Shepherd, 5 Paige’s Rep. 493.) The revival of the judgment by scire facias, within the ten yeai’s, could not have the effect…
2Cases cited7 opinions
- Perit v. WallisSupreme Court of the United States · 1796
- United States v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1812
- Warner v. ThurloMassachusetts Supreme Judicial Court · 1818
- Clark v. BushNew York Supreme Court · 1824
- Tennant's v. GraySupreme Court of Virginia · 1817
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Meech v. . AllenNew York Court of Appeals · 1858
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Touzalin v. City of OmahaNebraska Supreme Court · 1889
- Perry v. HornWest Virginia Supreme Court · 1883
18 more not listed; retrieve them via the Exa API.