Upham v. Brooks
U.S. Circuit Court for the District of Maine
This was a .bill in chancery [by Nathaniel G. Upham] against Mrs. [Henrietta S.}. Brooks, and at some stages of the proceeding Included Charles Muzzy and Thomas C. Up-ham. But there having been no service on Muzzy, and no appearance for him, and no question arising as to Thomas C. Upham, the only points made relate to the liability of Mrs. Brooks.
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This was a .bill in chancery [by Nathaniel G. Upham] against Mrs. [Henrietta S.}. Brooks, and at some stages of the proceeding Included Charles Muzzy and Thomas C. Up-ham. But there having been no service on Muzzy, and no appearance for him, and no question arising as to Thomas C. Upham, the only points made relate to the liability of Mrs. Brooks. The bill was filed. 21st Jan., 1842, and claims a right to redeem certain premises, situated in Portland in this state, held by the respondent, and mortgaged by one Robert Boyd to Charles Muzzy, 16th Dec., 1834, and by him assigned to Joshua…
1Opinion of the Court
WOODBURY, Circuit Justice.
It may not be amiss to ascertain, first, the rights of the respondent in this ease. She is not a mortgagee of these premises, to secure any debt due to herself; though both she and Richardson claim that Muzzy was indebted to them; and probably he made the assignment of Boyd’s mortgage to them, with a view of furnishing some security for their claims. In this state of things, as regards third persons, it is well settled, that she has no rights in the mortgage or the mortgaged property beyond the debt or liability named in it in behalf of Muzzy. Loring v. Cooke, 3…
2Cases cited13 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Murray v. LylburnNew York Court of Chancery · 1817
- Champion v. BrownNew York Court of Chancery · 1822
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Green v. HartNew York Supreme Court · 1806
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Huxley v. RiceMichigan Supreme Court · 1879