Legal Opinion

Harrison v. Simons

New York Court of Chancery

Decided May 4, 1840PublishedCited by 7 opinions

Mortgage case ; a decree for sale was had ; and the mortgagor dying after decree, but before enrolment, a petition was presented to revive, setting forth very much in detail the proceedings in the cause as well as the death of the party.

1Opinion of the Court

The Vice-Chancellor :

This petition is very unnecessarily long for the purpose intended, even if such a step be proper or required by the practice of this court.

But I am of opinion it is neither necessary nor required that a proceeding to revive and to bring in new parties should be had in a case like the present. The decree already made and entered, before the death of the mortgagor, can be enrolled and executed, notwithstanding the death ; and it will bind all who can possibly claim any interest in the property under him. The decree is to be enforced against the property, by a sale and…

2Cited by7 opinions

  1. Ray v. ElsonSupreme Court of Oklahoma · 1942
  2. Wing v. De La RiondaNew York City Court · 1889
  3. Brovender v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1957
  4. Grant v. GriswoldNew York Supreme Court · 1880
  5. Trenholm v. WilsonSupreme Court of South Carolina · 1880

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