Rogers v. Benson
New York Court of Chancery
THE bill, filed March 28th, 1818, stated that William, Hen-Her son, the testator, died the 12th of January, 1812, having appointed the plaintiffs, his executors* That on the 5th of December, 1808, William Houston, to secure the payment of three thousand dollars, borrowed by him of John Hunter, executed his bond for that sum, payable in one year, and a mortgage to J. H., on eight lots of ground in the city of Nezo-York.
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THE bill, filed March 28th, 1818, stated that William, Hen-Her son, the testator, died the 12th of January, 1812, having appointed the plaintiffs, his executors* That on the 5th of December, 1808, William Houston, to secure the payment of three thousand dollars, borrowed by him of John Hunter, executed his bond for that sum, payable in one year, and a mortgage to J. H., on eight lots of ground in the city of Nezo-York. That on the 1st of December, 1810, the principal of the said bond and mortgage being due, with interest, from the 5th of December, 1809, J. H. assigned the same to W.…
1Opinion of the Court
The Chancellor.
1, The children of Mary Houstoun, have a valid title to the mortgaged premi-es under the deed of trust of the 6th of June, 1800. That deed was founded on a valuable consideration, and there is nothing jn the case to impeach its validity. It referred, by way of recital, to the deed of Nicholas Bayard to William Houstoun and Mary his wife,, of the date of the 8th of Decem-Ber, 1797, for one equal undivided fifth part of his estate, *437and to the partition deed of the date of the 27th of December, 1804, in which the premises contained in the trust deed were released to Houstoun and…
2Cited by13 opinions
- King v. GreeneSupreme Court of New Jersey · 1959
- Chandler v. CheneyIndiana Supreme Court · 1871
- Town of Corinth v. EmerySupreme Court of Vermont · 1891
- Walthall v. GoreeSupreme Court of Alabama · 1860
- Kunz v. KurtzCourt of Chancery of Delaware · 1899
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