Wendell v. Wendell
New York Court of Chancery
The complainants in the last of these causes executed a mortgage to M. Trotter. They afterwards sold the mortgaged premises to Winne and Fonda, and took back a mortgage, for the payment of the purchase money on that sale, conditioned also to pay off the previous mortgage to Trotter. Winne and Fonda afterwards sold the premises to the ancestor of the infant defendants in these causes, subject to the payment of both mortgages.
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The complainants in the last of these causes executed a mortgage to M. Trotter. They afterwards sold the mortgaged premises to Winne and Fonda, and took back a mortgage, for the payment of the purchase money on that sale, conditioned also to pay off the previous mortgage to Trotter. Winne and Fonda afterwards sold the premises to the ancestor of the infant defendants in these causes, subject to the payment of both mortgages. The executor of Trotter filed his bill in the first cause to foreclose the mortgage given to his testator, and made his mortgagors and also the mortgagors in the last…
1Opinion of the Court
The Chancellor
decided that it was unnecessary and improper to file two distinct and separate bills to foreclose these , . _ , two mortgages on the same property. That as all the subsequent incumbrancers, as well as the owners of the equity of redemption, were before the court in the first suit, the rights of all might have been provided for by a decree in that suit; or, as the executor of the first mortgagee was a party defendant in the second suit, the decree in that suit might, of course, have provided for the payment of the first mortgage out of the proceeds of the sale under the decree in…
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