Haines v. Beach
New York Court of Chancery
THE bill stated, that the plaintiffs are the executors gT 1 Rebecca B. Brazier, deceased, and that S'. M. Brazier, the infant, is sole heir and devisee of R. B. B., deceased.
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THE bill stated, that the plaintiffs are the executors gT 1 Rebecca B. Brazier, deceased, and that S'. M. Brazier, the infant, is sole heir and devisee of R. B. B., deceased. That, on the 15th of March, 1808, Daniel Beach, defendant, executed a bond to R. B. B. for 4,000 dollars, payable on the 15th of March, 1811; and a mortgage on a lot of ground in Cortlandt street, as security, which was registered the 18th of March, 1808. R. B. B. died about the 25th of August, 1812; and her will was duly proved, and letters testamentary were granted by the Surrogate of A'eioYork ; that neither she, nor…
1Opinion of the Court
The cause stood over for consideration until this day.
The Chancellor.
After an attentive examination of the cases, and of the course and practice of the court, I am satisfied that the plea must be overruled, and that the plaintiffs, as representatives of the younger mortgagee, ate enti - tled to redeem against Field, the purchaser.
It was the duty of Gardner to have made the younger mortgagee a party to his bill; and all incumbrancers existing at the commencement of the suit are entitled to be parties, for they have an interest to be affected, and ought to have an opportunity of paying off the…
2Cited by19 opinions
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- Hasselman v. McKernanIndiana Supreme Court · 1874
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