New-York Life Insurance & Trust Co. v. Cutler
New York Supreme Court
Motion to set aside writ of assistance, &c.—On the 29th day of November, 1832, the defendant, Abraham Cutler, executed his bond to the plaintiffs, conditioned to pay them $4,000 in the manner therein mentioned, and at the same time said Cutler and his wife executed their mortgage to the plaintiffs upon two certain farms therein described, one of which was situated in the town of Lodi, Seneca county, and the other in Hector, Tompkins county, as security for the payment of the…
Read the full summary
Motion to set aside writ of assistance, &c.—On the 29th day of November, 1832, the defendant, Abraham Cutler, executed his bond to the plaintiffs, conditioned to pay them $4,000 in the manner therein mentioned, and at the same time said Cutler and his wife executed their mortgage to the plaintiffs upon two certain farms therein described, one of which was situated in the town of Lodi, Seneca county, and the other in Hector, Tompkins county, as security for the payment of the moneys mentioned in said bond. The above action was brought in the late court of chancery to foreclose this mortgage,…
1Opinion of the Court
Welles, Justice.
One ground of the motion is, that the *411order for the writ of assistance was obtained ex parte, and without notice. That question was settled in the case of the New-York Life Insurance & Trust Co. agt. Rand, (8 How. Pr. R. 35,) affirmed on appeal to the general term, (Id. 352,) where it was held that notice of the application was unnecessary. In this case, the order appears to me to have been in all respects regular. Every thing was shown in the affidavit upon which it was granted required by the law or the practice.
But there is another question, which is raised upon the…
2Cited by2 opinions
- Lynde v. O'DonnellNew York Supreme Court · 1861
- Langer v. SwaseyNew York Supreme Court · 1907