Grant v. Jackson & Sharp Co.
Court of Chancery of Delaware
Bill to redeem land from the lien of a mortgage AND TO HAVE AN ASSIGNMENT OF DOWER THEREIN.-The bill was filed February 15,1879. The following are the material facts upon which the jirayer is founded: 1. The marriage of the complainant and Charles F. Grant, Movember 1,1847. 2. A deed of J. Zebley and wife to Grant, of the premises, March 27, 1847. 3. Mortgage of Grant and wife of the same to Sabilla A. Stone.. 4. Deed from Grant and wife of the same premises to Susan…
Read the full summary
Bill to redeem land from the lien of a mortgage AND TO HAVE AN ASSIGNMENT OF DOWER THEREIN.-The bill was filed February 15,1879. The following are the material facts upon which the jirayer is founded: 1. The marriage of the complainant and Charles F. Grant, Movember 1,1847. 2. A deed of J. Zebley and wife to Grant, of the premises, March 27, 1847. 3. Mortgage of Grant and wife of the same to Sabilla A. Stone.. 4. Deed from Grant and wife of the same premises to Susan Stafford, March 2,1858. 5. Scire facias on the mortgage, which was not served upon or made known to the complainant or Susan…
1Opinion of the Court
The Chancellor.
Assuming that the deed from Zebley and wife conveyed the fee in the premises, which is taken to be admitted in this case, the mortgage by Grant and wife to Sabilla A. Stone had no other effect than to create in her favor a chattel interest; the estate in the premises, both in law and in equity, remaining in Grant, according to the doctrine announced by the superior court of this State in the •case of Cooch v. Gerry, 3 Harrington, 280,—it having been ■decided in that case that a mortgagor in possession is the real owner of the land; the mortgage, though in form a conveyance of…
2Cases cited3 opinions
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- Pixley v. BennettMassachusetts Supreme Judicial Court · 1814
- Gray v. McCuneSupreme Court of Pennsylvania · 1854
3Cited by2 opinions
- Wax v. Riverview Cemetery Co.Superior Court of Delaware · 1942
- Malsberger v. ParsonsSuperior Court of Delaware · 1910