Ensign v. Colburn
New York Court of Chancery
This was an appeal, by the complainant, from an order of the vice chancellor of the fourth circuit, dissolving the injunction in this cause in part, as to Colburn and-Smith, two of the defendants.
1Opinion of the Court
The Chancellor.
The vice chancellor was unquestionably right in supposing that the mortgagor, by the terms of the mortgage, bad an unrestricted right to cut timber from the premises, even beyond the usual amount which had been' manufactured at the three mills; provided he made payments in proportion, beyond the annual payments specified in the mortgage. He was also right in supposing that a mortgagee has no lien upon the timber which has been cut on the mortgaged premises, in good faith, by the mortgagor or his grantees.
*504This court, however, requires the exercise of good faith in the'…
2Cited by8 opinions
- Syracuse City Bank v. TallmanNew York Supreme Court · 1857
- Bunker v. LockeWisconsin Supreme Court · 1862
- Miller's Administrator v. MillerNew Jersey Court of Chancery · 1874
- Cahn v. HewseyThe Superior Court of the City of New York and Buffalo · 1894
- Emmons v. HindererNew Jersey Court of Chancery · 1873
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