De La Vergne v. Evertson
New York Court of Chancery
*The bill in this cause was filed by one of the defendants to suit of foreclosure, against a co-defendant and others, claiming a part of the surplus moneys arising from a sale of the mortgaged premises. It was heard on exceptions to the report of a master.
1Opinion of the Court
The Chancellor :—Three hundred dollars having been paid by John De La Vergne on the judgment to Tabor, the *183lien on the land was discharged to that extent, and could not be restored by any subsequent agreement between the parties. (Marvin v. Vedder, 5 Cowen, 671.) The master has properly deducted that sum from the judgment hen upon the land. The assignee of the judgment can have no better equity as against third persons than Tabor had before the assignment.
Previous to the act of the 13th April, 1813, the plaintiff could not levy interest on a judgment, except it was on a penalty, and the…
2Cited by2 opinions
- Gist v. EubankSupreme Court of Missouri · 1860
- Lawson v. JordanSupreme Court of Arkansas · 1858