Clarke v. Robinson
Supreme Court of Rhode Island
Bill in Equity to redeem a mortgage and for an account. On the complainant’s motion for a decree. The former proceedings in this case are reported in 15 R. I. 226, 231, where the facts involved are stated. Such of them as were involved in the present hearing are recapitulated in the head note above.
1Per curiam
Three questions are raised on this motion. They are: first, whether the complainant shall be allowed to redeem the whole of the stock which was mortgaged ; second, if not, how much shall be be allowed to redeem ; and third, shall he, in order to redeem, be required to pay, besides the debt to be paid under the mortgage, other debts not thereby secured.
First. We think the first question must be answered negatively. The mortgage was given to William A. Robinson and the defendant, Attmore Robinson, to secure three negotiable promissory notes dated March 25, 1848, one for $636 payable to William…
2Cases cited3 opinions
- Frye v. President of the Bank ex rel. HardinIllinois Supreme Court · 1849
- Townsend v. Empire Stone-Dressing Co.The Superior Court of New York City · 1856
- Lamson, Cutting & Buffum v. SutherlandSupreme Court of Vermont · 1841