Neimcewicz v. Gahn
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the fourth circuit. The original bill was filed to foreclose a mortgage from H. Gahn and Jane bis wife to Mrs. Neimcewicz, to secure the payment of $7000 and interest; and the mortgagors, together with certain judgment creditors of H. Gahn, were made defendants.
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This was an appeal from a decree of the vice chancellor of the fourth circuit. The original bill was filed to foreclose a mortgage from H. Gahn and Jane bis wife to Mrs. Neimcewicz, to secure the payment of $7000 and interest; and the mortgagors, together with certain judgment creditors of H. Gahn, were made defendants. Mrs. Gahn put in a separate answer stating, among other things, that the mortgaged premises belonged to her by descent from her mother, and that she joined with her husband in the mortgage to secure a debt due from him to the complainant, and which was secured by his separate…
1Opinion of the Court
The Chancellor.
Previous to the examination of the . main question in this cause, which is, whether the estate of Mrs. Gahn in the mortgaged premises is exonerated from the payment of the arrears of interest included in the note of April, 1825, it may be proper to dispose of an objection which is made to the decree even on the supposition that the main question might have been rightly decided' in favor of Mrs. Gahn. It is urged by the appellant’s counsel that if the wife is to be considered a surety merely, and if her estate in the mortgaged premises was discharged from the-arrears of interest…
2Cited by57 opinions
- Cary v. . WhiteNew York Court of Appeals · 1873
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Wilcox v. ToddSupreme Court of Missouri · 1877
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