Lane v. Hitchcock
New York Supreme Court
THIS was an action on the case which was tried at the Dela- . . . 1.1 - n, . f r * ware circuit, in 1816, before his honour the duel Justice.
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THIS was an action on the case which was tried at the Dela- . . . 1.1 - n, . f r * ware circuit, in 1816, before his honour the duel Justice. The declaration stated, that on the 20s.li day of March, 1802, v William Resule mortgaged to William H« Ludlow a lot of land in the town oí Delhi, in the county of Delaware to secure the payment of 1,001 dollars and 87 cents, by the 20th day of March, 1803, according to the condition of a bond, beaiing even date with the mortgage, executed by Reside to Ludlow, with the usual power to sell, incase of default of payment; that on the 1st day of June, 1807,…
1Per curiam
This case is supposed to be within the principles which governed the decision in Yates v. Joyce, (11 Johns. Rep. 140.) That case came before the court on demurrer, and all the averments contained in the declaration were, of course, admitted. The declaration, in that case, averred the insolvency of the defendants in the execution ; that they had no other estate or property than - the lands on which the judgment was a lien; and that the plaintiff, by the waste committed by the defendant, was injured, and thereby deprived of recovering a part of his judgment.
In the case now before us, it was…
2Cited by23 opinions
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Gardner v. HearttNew York Supreme Court · 1846
- Lavenson v. Standard Soap Co.California Supreme Court · 1889
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- King v. BangsMassachusetts Supreme Judicial Court · 1876
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