Legal Opinion

New-York Life Insurance & Trust Co. v. Milnor

New York Court of Chancery

Decided March 3, 1846PublishedCited by 16 opinions

This was an application on the.part of S. Grant, one of the defendants in this cause, for a rehearing, or for a modification of the decree of sale of the mortgaged premises,-or fora review and correction of the decision of the inaster charged with the sale, as to the order in which the several parcels of the mortgaged premises should be sold under the decree.

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This was an application on the.part of S. Grant, one of the defendants in this cause, for a rehearing, or for a modification of the decree of sale of the mortgaged premises,-or fora review and correction of the decision of the inaster charged with the sale, as to the order in which the several parcels of the mortgaged premises should be sold under the decree. The premises were one hundred and twelve and a half acres of land in the county of Genesee, lying in the form of a parallelogram, bounded upon the west by a public highway; and were mortgaged to the complainants in 1833, by J. Milnor,…

1Opinion of the Court

The Chancellor.

In the absence of any proof of the existence of the mortgage upon the eighty-two and a half apres, tp, secure a part of the purchase money of that portion of the prem*359ises covered by the mortgage of the complainants, the master did not err in deciding that the eighty-two and a half acres should be sold first, to satisfy the amount reported due to the complainants, and the interest and costs. And under the special directions contained in this decree, as to the mode of selling, it is somewhat doubtful whether the master would have been authorized to decide differently, even if the…

2Cited by16 opinions

  1. Palmer v. . PalmerNew York Court of Appeals · 1896
  2. Kripp v. CurtisCalifornia Supreme Court · 1886
  3. Stuyvesant v. HallNew York Court of Chancery · 1847
  4. Ogden v. . JenningsNew York Court of Appeals · 1875
  5. Carey v. RaeCalifornia Supreme Court · 1881

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