Jones v. Phelps
New York Court of Chancery
This, was an appeal by Lyman Phelps, one of the defendants, from a part of the decree of the vice chancellor of the seventh circuit, in this cause. In July, 1841, Phelps, the appellant, gave a mortgage to Jones, the complainant, for $1000, and interest. In April, 1842, Phelps conveyed the mortgaged premises to J. K. Crandall, subject to this mortgage; and Crandall agreed to pay the mortgage, as a part of the consideration of the conveyance to him.
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This, was an appeal by Lyman Phelps, one of the defendants, from a part of the decree of the vice chancellor of the seventh circuit, in this cause. In July, 1841, Phelps, the appellant, gave a mortgage to Jones, the complainant, for $1000, and interest. In April, 1842, Phelps conveyed the mortgaged premises to J. K. Crandall, subject to this mortgage; and Crandall agreed to pay the mortgage, as a part of the consideration of the conveyance to him. On the same day Crandall executed two mortgages upon the premises; one to A. Hill, for $1000, payable in two and three years, with annual interest,…
1Opinion of the Court
The Chancellor.
The complainant made a mistake in drawing up the decree. For, upon a fair construction of its language, the appellant is made contingently liable for the-amount of the bond and mortgage given by Crandall, as well as for- the whole costs of the suit. He is clearly not- liable for any part of the amount due upon that bond and mortgage. And if this part of- the decree had- been objected to in the court below, there is no question that- it would have been properly settled before-it was entered; and- thus have saved the delay and expense of- an appeal. Although- this part of the…
2Cited by7 opinions
- Collier v. MillerNew York Supreme Court · 1891
- Trompczynski v. StruckWisconsin Supreme Court · 1900
- Collier v. MillerNew York Supreme Court · 1891
- In re WrightDistrict Court, S.D. New York · 1883
- Jaekel v. WanamakerNew York Supreme Court · 1942
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