Stuyvesant v. Hone
New York Court of Chancery
The bill was filed in. September, 1839, by Catharine L. Stuyvesant, widow of Nicholas W. Stuyvesant, deceased, to foreclose a mortgage for $4,666 66, executed by Charles Henry Hall and his wife to N. W. S., dated September 28, 1824, and payable twenty years after its date, with annual interest on the first of May in each year.
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The bill was filed in. September, 1839, by Catharine L. Stuyvesant, widow of Nicholas W. Stuyvesant, deceased, to foreclose a mortgage for $4,666 66, executed by Charles Henry Hall and his wife to N. W. S., dated September 28, 1824, and payable twenty years after its date, with annual interest on the first of May in each year. The lands mortgaged were situated in the city of New-York, and consisted of the whole of the block between the middle of Twelfth street on the south, the middle of Thirteenth street on the north, the middle of Avenue B on the west, and the middle of Avenue C on the…
1Opinion of the Court
The Assistant Vice-Chancellor.
Where a mortgagee whose mortgage is a lien on several parcels of land, which were subsequently conveyed to different purchasers, releases from the lien of his mortgage,- the parcel last conveyed, without any notice either actual or constructive, that the other parcels had been previously sold by the mortgagor; he does not thereby discharge the parcels not released. (Patty v. Pease, 8 Paige’s R. 277.) The right to have the lands which have been sold by the mortgagor charged in the inverse order of their alienation, is not a legal, but an equitable right, and is…
2Cases cited1 opinion
- Neimcewicz v. GahnNew York Court of Chancery · 1831
3Cited by5 opinions
- Iglehart v. WessonIllinois Supreme Court · 1866
- Matteson v. ThomasIllinois Supreme Court · 1866
- Green v. RickSupreme Court of Pennsylvania · 1888
- New-York Life Insurance & Trust Co. v. SmithNew York Court of Chancery · 1847
- Annan v. HaysCourt of Appeals of Maryland · 1897