Legal Opinion

Wood v. Oakley

New York Court of Chancery

Decided January 7, 1845PublishedCited by 34 opinions

This was an appeal by X P. Moore, the purchaser at a master’s sale, from an order of the vice chancellor of the first circuit, directing him to complete his purchase of premises which had been sold to him, under a decree of foreclosure. ’ Charles Oakley was the owner in fee of the mortgaged premises, in September, 1838, when he mortgaged them to The North American Trust and Banking Company, to secure the payment of $23,000. In August, 1839, C. Oakley conveyed the premises to…

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This was an appeal by X P. Moore, the purchaser at a master’s sale, from an order of the vice chancellor of the first circuit, directing him to complete his purchase of premises which had been sold to him, under a decree of foreclosure. ’ Charles Oakley was the owner in fee of the mortgaged premises, in September, 1838, when he mortgaged them to The North American Trust and Banking Company, to secure the payment of $23,000. In August, 1839, C. Oakley conveyed the premises to J. R. Oakley, subject to the payment of the mortgage; which mortgage, after several mesne assignments, was transferred…

1Opinion of the Court

The Chancellor.

The only question which arises in this case is, whether the appellant will obtain a good title to the mortgaged premises, as against the judgment creditors who have not been made parties to the foreclosure suit, but whose judgments were subsequent to the mortgage. And, upon that question, I have no doubt that the vice chancellor came to a correct conclusion. It is true the legislature, at its last session, indirectly repealed the most beneficial provision of the act of 1840, to *402reduce the expense of foreclosing mortgages in the court of chancery; and have again subjected the…

2Cases cited1 opinion

  1. Dash v. Van KleeckNew York Supreme Court · 1811

3Cited by34 opinions

  1. Ely and Others v. . HoltonNew York Court of Appeals · 1857
  2. In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
  3. Twenty Per Cent. CasesSupreme Court of the United States · 1874
  4. Sanford v. . BennettNew York Court of Appeals · 1861
  5. People Ex Rel. Peake v. Board of SupervisorsNew York Court of Appeals · 1870

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