Giles v. Baremore
New York Court of Chancery
The bill, (filed April 28th, 1815,) stated, that on the 1st of March, 1775, Nicholas Belavergne, of Charlotte, in the county of Dutchess, executed a bond and mortgage to William Axtell, of the city of New- York, for £282 8s. 8(1., (706 dollars and 8 cents,) payable on the first day of May, following, with interest. The land mortgaged consisted of a moiety of 2,400 acres, and another parcel of 206 acres.
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The bill, (filed April 28th, 1815,) stated, that on the 1st of March, 1775, Nicholas Belavergne, of Charlotte, in the county of Dutchess, executed a bond and mortgage to William Axtell, of the city of New- York, for £282 8s. 8(1., (706 dollars and 8 cents,) payable on the first day of May, following, with interest. The land mortgaged consisted of a moiety of 2,400 acres, and another parcel of 206 acres. The mortgage, containing the usual power of sale, was registered Feb. 17th, 1776. W. A. the mortgagee, being attainted under the act of the 22d of October, 1779, all his estate, real and…
1Opinion of the Court
The Chancellor.
James Baremore may be considered as the principal defendant, for all the other defendants in possession of any part of the mortgaged premises, derived *549title from him. He, if any person, ought to be first called upon to pay the mortgage debt. Indeed, it was admitted, upon the argument, by the counsel for the plaintiff, that Baremore was in possession of a sufficient portion of the mortgaged premises to satisfy the debt, and that he had no desire to press the other defendants, because, if they were obliged to pay, they would be entitled to resort over to Baremore for their…
2Cited by15 opinions
- Pollock v. MaisonIllinois Supreme Court · 1866
- Locke v. CaldwellIllinois Supreme Court · 1878
- Byrd v. McDanielSupreme Court of Alabama · 1858
- Van Vleet v. BlackwoodMichigan Supreme Court · 1878
- McMurray v. McMurrayNew York Supreme Court · 1892
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