Legal Opinion

Brown v. Stebbins

Court for the Trial of Impeachments and Correction of Errors

Decided January 15, 1843Published

Covenant, upon the following agreement under the hands and seals of the defendants : “ This agreement made this 27th day of January, in the year one thousand eight hundred and thirty-seven, between Jared N. Stebbins and Philip Thurber of the one part, and William S. Brown of the other part: Whereas the said Jared N. Stebbins has purchased a farm of the said William, and has given a mortgage on said farm for the purchase money thereof, and for the purpose of further securing…

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Covenant, upon the following agreement under the hands and seals of the defendants : “ This agreement made this 27th day of January, in the year one thousand eight hundred and thirty-seven, between Jared N. Stebbins and Philip Thurber of the one part, and William S. Brown of the other part: Whereas the said Jared N. Stebbins has purchased a farm of the said William, and has given a mortgage on said farm for the purchase money thereof, and for the purpose of further securing the said purchase money the said Jared has a deed of the following lots of land situate in Bangor, in the state of…

1Opinion of the Court

By the Court,

Bkonson, J¿

Thfe coil tract with its recitals amounts to this: The defendant Stebbins had mortgaged a farm to the plaintiff, and the plaintiff wished to obtain further security for the payment of thfe mbrtgage debt. Stebbins owned several lots of land at Bangor^ from the sale of which the whole or some part of the debt might be paid. He covenanted with the plaintiff that he would sell the lots “ to the best advantage”—in other words, for the best price—he could obtain for the same in cash between the date of the agreement and the first day of October then next,- and that he would…

2Cases cited5 opinions

  1. Smith v. JansenNew York Supreme Court · 1811
  2. Thomas v. Van NessNew York Supreme Court · 1830
  3. Gould v. AllenNew York Supreme Court · 1828
  4. M'Geehan v. M'LaughlinThe Superior Court of New York City · 1828
  5. Julliand v. BurgottNew York Supreme Court · 1814

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