Moulton v. Cornish
New York Supreme Court
Appeal from special term, Oneida county. Action by Emily A. Moulton against Kehemiah 1ST. Cornish to compel the latter, the holder of a junior mortgage, to redeem the land from plaintiff’s prior mortgage, under which it was sold and bid in by plaintiff in foreclosure proceedings to which defendant was not a party. Judgment for plaintiff. Defendant appeals. Modified.
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Appeal from special term, Oneida county. Action by Emily A. Moulton against Kehemiah 1ST. Cornish to compel the latter, the holder of a junior mortgage, to redeem the land from plaintiff’s prior mortgage, under which it was sold and bid in by plaintiff in foreclosure proceedings to which defendant was not a party. Judgment for plaintiff. Defendant appeals. Modified. On the 10th of May, 1877, Amy H. Kellogg executed and delivered to Charles S. Symonds, as assignee in bankruptcy, her bond, conditioned for the payment of the sum of $8,650; and as collateral security for said bond she and her…
1Opinion of the CourtHardin, P. J.
1. We think.the defendant cannot successfully complain that the purchasers of the Klock and Bells farms were not made parties defendant in this action. He took no objection to the complaint on that ground by demurrer, and the relief sought in this action does not impair his liens as to those farms; and, besides, his answer does not set up that such purchasers are necessary parties to this action. Bank v. Farthing, 101 N. Y. 344, 4 N. E. Rep. 734.
2. From an early day in the court of chancery in England the payment or tender of money having been made, though after the day named in the mortgage,…
2Cases cited20 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Vroom v. DitmasNew York Court of Chancery · 1834
- Mickles v. . Dillaye and OthersNew York Court of Appeals · 1858
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3Cited by1 opinion
- Manhattan State Bank v. Wamego State BankSupreme Court of Kansas · 1918