Burnham v. De Bevorse
New York Supreme Court
The action is commenced to redeem lands from a mortgage foreclosure, under the following circumstances: In 1835, John S. McKibben and Thomas Nichols, being the owners of the premises in question, mortgaged the same to the defendant, Jacob De Bevorse, for the sum of $1337. On the 19th July 1841, McKibben filed his petition under the bankrupt act, and was by decree duly declared a bankrupt on the 16th July 1842. The general assignee in bankruptcy, on the 25th November 1844,…
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The action is commenced to redeem lands from a mortgage foreclosure, under the following circumstances: In 1835, John S. McKibben and Thomas Nichols, being the owners of the premises in question, mortgaged the same to the defendant, Jacob De Bevorse, for the sum of $1337. On the 19th July 1841, McKibben filed his petition under the bankrupt act, and was by decree duly declared a bankrupt on the 16th July 1842. The general assignee in bankruptcy, on the 25th November 1844, sold at public auction the right, title and interest of McKibben in the premises lo the plaintiff; which sale was…
1Opinion of the Court
Barculo, Justice.
The view that. I take of the principal question, renders it unnecessary for me to consider what I con'ceive to be the highly objectionable, if not irregular practice, of allowing two defendants to bring on the case for argument, while there are thirty others, who, by the same rule, may make thirty more arguments of a matter which is ctimmonto all, and decisive of all their rights. The old rule requiring an issue of law or fact to be joined in regard to every defendant, except those who are defaulted, before the cause could be brought to argument, has never, Jo my knowledge,,…
2Cases cited3 opinions
- Gardner v. HearttNew York Supreme Court · 1846
- Comegys v. McCordSupreme Court of Alabama · 1847
- Harris v. CollinsSupreme Court of Alabama · 1848
3Cited by2 opinions
- Marriott v. CliseSupreme Court of Colorado · 1889
- Havemeyer v. Brooklyn Sugar Refining Co.New York Supreme Court · 1890