Boynton v. Jackway
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the seventh circuit, denying the application of a purchaser at a master’s sale for a writ of assistance, to put him in possession of the mortgaged premises. The writ of assistance was asked against the mortgagor, who was a party to the suit, and against his two sons who were not parties, but who were in the same family with him upon the premises.
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This was an appeal from a decision of the vice chancellor of the seventh circuit, denying the application of a purchaser at a master’s sale for a writ of assistance, to put him in possession of the mortgaged premises. The writ of assistance was asked against the mortgagor, who was a party to the suit, and against his two sons who were not parties, but who were in the same family with him upon the premises. The premises formerly belonged to the father of the mortgagor, the grandfather of the'other respondents, who .conveyed fifty acres thereof to IX S. Jackway, the mortgagor, in 1814. In 1829…
1Opinion of the Court
The Chancellor.
As the property was bid off by Clark previous to April, 1819, for a mere nominal sum, and the premises have been held by W. Jaques and his son ever since, without any claim of title under the sheriff’s deed for more than twenty years, there can be very little doubt that the attempt to overreach the mortgage by purchasing in the title under the sheriff’s sale, is a fraud upon the purchaser under the master’s sale in this suit. The fact that the sons redeemed the premises when the same had been sold under a subsequent judgment against their father, is also inconsistent with the…
2Cited by4 opinions
- Thompson v. CampbellSupreme Court of Alabama · 1876
- James v. GrahamSupreme Court of South Carolina · 1912
- Dunn v. HoggSupreme Court of South Carolina · 1897
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909