Stevens v. Cooper
New York Court of Chancery
THE original bill, which was filed April 7th, 1807, stated, that on the 16th of March, Í 795, William Cooper conveyed to John Richardson, lot No. 98., in Dully; lot No. 88., in Brutus ; lot No. 82., in Camillus ; lot No. 29., in Ulysses ; lot No, 72., in Sempronius ; and lot No. 46., in Dryden , being 2,900 acres of land, for the consideration of 2,300 pounds, for which a bond and mortgage were given.
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THE original bill, which was filed April 7th, 1807, stated, that on the 16th of March, Í 795, William Cooper conveyed to John Richardson, lot No. 98., in Dully; lot No. 88., in Brutus ; lot No. 82., in Camillus ; lot No. 29., in Ulysses ; lot No, 72., in Sempronius ; and lot No. 46., in Dryden , being 2,900 acres of land, for the consideration of 2,300 pounds, for which a bond and mortgage were given. That, at the time of purchase, it was agreed by Cooper, that on a sale of any of the lots, by Richardson, and the purchaser paying to Cooper, at the rate of two dollars per acre, with interest,…
1Opinion of the Court
The Chancellor.
1. The plaintiffs in the original suit seek to avail themselves of a parol agreement, alleged to have been made between the parties to the mortgage at the time it was executed, by which each lot was to be bound only for a ratable proportion of the mortgage debt. The mortgage in this, as in ordinary cases, bound every part and parcel of the mortgaged premises for the entire debt, and if such a parol agreement, as is charged, can be proved and set up, it goes to vary, essentially, the operation of the mortgage deed.
*429This agreement is proved by Richardson, the mortgagor, as being…
2Cited by44 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Wilson v. . DeenNew York Court of Appeals · 1878
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Troll v. CarterWest Virginia Supreme Court · 1879
- Hatco Corporation v. W.R. Grace & Co.--Conn., a Corporation of the State of Connecticut, and Third-Party v. Allstate Insurance Company (As Successor to Northbrook Excess and Surplus Company) American Employers' Insurance Company Certain Underwriters at Lloyd's, London and the London Market Companies Commercial Union Insurance Company Continental Casualty Company Pacific Employers Insurance Company Unigard Security Insurance Company, Third-Party and Commercial Union Insurance Company, Third-Party and Fourth-Party v. Maryland Casualty Company, Fourth-Party and Fifth-Party v. American Centennial Insurance Company Evanston Insurance Company First State Insurance Company Gibraltar Casualty Company Hartford Casualty Insurance Company Certain Underwriters at Lloyd's, London and the London Market Companies Midland Insurance Company Reliance Insurance Company Republic Insurance Company Royal Indemnity Company Transport Indemnity, A/K/A Mission American Insurance Company Twin City Fire Insurance Company, Fifth-Party and W.R. Grace & Co.--Conn.Court of Appeals for the First Circuit · 1995
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