Platt v. Gilchrist
The Superior Court of New York City
This was a hill to foreclose a mortgage. The suit was transferred from the supreme court. The defendant Graham alone appeared and answered.
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This was a hill to foreclose a mortgage. The suit was transferred from the supreme court. The defendant Graham alone appeared and answered. It appeared by her answer, to which there was no replication, that the mortgage was executed to the plaintiff by the defendant Gilchrisi, for a part of the consideration of the mortgaged premises, which were conveyed simultaneously, by the plaintiff to Gilchrist with covenants of warranty: That Gilchrist subsequently conveyed the same premises to Graham (who is in possession), with covenants qf warranty, subject to the mortgage: And that a suit had been…
1Opinion of the CourtBy the Court. Mason, J.
The question presented for decision is, whether a suit to collect unpaid purchase money secured by bond and mortgage, will he enjoined and restrained by reason of proceedings having been commenced by a third party to recover the premises under an adverse title.
It may he useful to see, in the first place, how this question stands upon authority.
The earliest case in this state is that of Bumpus v. Platner decided by Chancellor Kent, in 1814, and reported in 1 Johns. €J. It. 213. That was a bill filed to enjoin the defendant from foreclosing a purchase money mortgage, on the ground that the…
2Cases cited1 opinion
- Edwards v. BodineNew York Supreme Court · 1841
3Cited by8 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Seidman v. GeibNew York Court of Common Pleas · 1890
- Shire v. PlimptonAppellate Division of the Supreme Court of the State of New York · 1900
- Simon v. NeefAppellate Division of the Supreme Court of the State of New York · 1913
- Cowdrey v. CoitThe Superior Court of New York City · 1865
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