Minor v. Terry
New York Supreme Court
At Chambers, August 1851. Motion to dissolve an injunction. The injunction was granted to restrain the defendant Terry, from selling, a piece of land, upon an advertisement for the foreclosure of a mortgage pursuant to the statute. It was allowed on a complaint duly verified, and an affidavit.
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At Chambers, August 1851. Motion to dissolve an injunction. The injunction was granted to restrain the defendant Terry, from selling, a piece of land, upon an advertisement for the foreclosure of a mortgage pursuant to the statute. It was allowed on a complaint duly verified, and an affidavit. The complaint stated that Terry was the assignee of a mortgage, originally executed, by the plaintiff and Libbeus Geere to David Barton, for $531'50, under the following circumstances: On the first of April 1848, the plaintiff and the defendant Geere, purchased jointly of one Benjamin Sweet, two pieces…
1Opinion of the Court
Gridley, Justice.
The first proposition on which the defendants ask to have the injunction in this cause dissolved is, that the ground stated in the affidavit fails when it appears that the plaintiff has parted with his twenty-six acres of land, and it is insisted that he can not resort to the additional fact that Geere purchased the Barton lot subject to the payment of all incumbrances. This reasoning proceeds on the principle stated by Justice Sill in the case of Millikin agt. Carys (5 Howard, 272) that the complaint, though positively sworn to, can not be used as an affidavit for the…
2Cases cited4 opinions
- Curtis v. TylerNew York Court of Chancery · 1842
- Jumel v. JumelNew York Court of Chancery · 1839
- Noble v. WilsonNew York Court of Chancery · 1828
- Livingston v. LivingstonNew York Court of Chancery · 1833
3Cited by2 opinions
- Stebbins v. HallNew York Supreme Court · 1859
- Bertha Zinc & Mineral Co. v. CluteNew York Court of Common Pleas · 1894