Johnson v. Stagg
New York Supreme Court
The respondent, on the 17th June, 1803, filed his bill - ,, „ , . in the court or chancery, against the appellants, and one George Shelden, for the sale of certain mortgaged premises, and to foreclose the equity of redemption of the defendants, in the court below.
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The respondent, on the 17th June, 1803, filed his bill - ,, „ , . in the court or chancery, against the appellants, and one George Shelden, for the sale of certain mortgaged premises, and to foreclose the equity of redemption of the defendants, in the court below. The respondent’s bill stated, that Shelden, beingindebted to him in the sum of 200 pounds, on the 6th May, 1795, executed to him a bond, in the penal sum of 400 pounds, conditioned to pay the sum of 200 pounds, with interest, on or before the first of May then next; to secure the payment of which bond, Shelden, at the same time,…
1Opinion of the Court
Kent, Ch. J.
This is an appeal from a decretal order of the court of chancery, establishing the right of the respondent to have his debt satisfied out of the mortgaged premises, notwithstanding the sale to one of the appeliants.
*519When Siagg took his mortgage from Shelden, on the 6th of May, 1795, the only interest (if any) which Shelden had in the premises, was as assignee of Wastiburn. What was the extent or duration of Washburn's lease does not' appear, and the respondent has not stated the evidence or representation of title which led him to accept of the mortgage. As we know nothing of the…
2Cited by22 opinions
- Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
- Fort v. BurchNew York Supreme Court · 1849
- Johnson v. BallouMichigan Supreme Court · 1874
- Stewart v. McMartinNew York Supreme Court · 1849
- Griel v. LomaxSupreme Court of Alabama · 1888
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