Clarkson v. De Peyster
New York Court of Chancery
The decision in this case was made upon a demurrer of the defendant F. De Peyster, to the complainant’s bill. The facts of the case are sufficiently stated in the opinion of the court.
1Opinion of the Court
The Chancellor.
The complainant Matthew Clarkson, has a mortgage, executed by the defendant J. F. De Peyster, on certain lands in the county of St. Lawrence; and as additional security for the same debt, he has an assignment, by way of mortgage, of 20 shares in the Tontine Coffee House, in New-York, subject to a prior lien in favor of the guardians of the infant children of H. A. Coster. The guardians also claim a prior lien on the St. Lawrence lands, as security for their debt from the defendant F. De Peyster. But it is alleged in the bill that they have, as a further security for their debt,…
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