James v. Johnson
New York Court of Chancery
THE defendant, Caleb Johnson, on the 24th of June, 1817, executed a bond and mortgage to James O. Wattles, to secure the payment of 12,000 dollars, in one and two years. The mortgage was registered the 17th of July, 1817. On the 2d of August, 1817, a judgment was docketted in favour of Wattles, against C. J., for 2000 dollars.
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THE defendant, Caleb Johnson, on the 24th of June, 1817, executed a bond and mortgage to James O. Wattles, to secure the payment of 12,000 dollars, in one and two years. The mortgage was registered the 17th of July, 1817. On the 2d of August, 1817, a judgment was docketted in favour of Wattles, against C. J., for 2000 dollars. There were, also, three other judgments, in favour of different persons, against C. J., entered up in 1817, but subsequent to the abovementioned mortgage and judgment in favour of W. Executions were issued on these judgments, by virtue of which, the Sheriff, on the 20th…
1Opinion of the Court
The Chancellor.
It will be sufficient to mention a few facts, to be selected from a minute detail in the pleadings and proofs, in order to present the questions that arise for consideration.
Caleb Johnson gave a bond and mortgage to James O. Wattles, to secure the payment of 12,000 dollars. The mortgage was dated on the 24th of June, and registered on the 17th of July, 1817, and was payable in one and two years. The mortgage, as W. frequently confessed, was given for a much larger sum than he had advanced to «7., and was intended to cover future advances. On the 2d day of August, 1817, a…
2Cases cited3 opinions
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Brinkerhoff v. MarvinNew York Court of Chancery · 1821
- Mills v. ComstockNew York Court of Chancery · 1821
3Cited by17 opinions
- Henderson v. PilgrimTexas Supreme Court · 1858
- Bishop v. BaisleyOregon Supreme Court · 1895
- Murphy v. BarnardMassachusetts Supreme Judicial Court · 1894
- Emerson v. AtwaterMichigan Supreme Court · 1859
- North v. BeldenSupreme Court of Connecticut · 1840
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