Lady Superior of the Congregational Nunnery of Montreal v. McNamara
New York Court of Chancery
This case came before the chancellor upon an appeal, by E. Wolcott, one of the defendants, from a decree of the late vice chancellor of the eighth circuit.
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This case came before the chancellor upon an appeal, by E. Wolcott, one of the defendants, from a decree of the late vice chancellor of the eighth circuit. The bill was filed by the Sister Frances Knot, also called, or named, St. Gertrude, the Lady Superior of the Congregational Nuns at Montreal, in Canada East, to foreclose a mortgage; and the facts in the case, as they appeared by the pleadings and proofs, were substantially as follows: P. J. McNamara of Rochester, in the county of Monroe, being indebted to the ladies of the Congregational Nunnery in Montreal, for the board and education of…
1Opinion of the Court
The Chancellor.
The execution'of the bond and mortgage to Alien, under the circumstances disclosed in this case, ‘constituted him a trustee for the ladies of the nunnery whose 'debt was intended to be secured thereby ; so’that if he had neglected to execute the assignment pursuant to the arrangement, or if, for any reason, the assignment executed by him was "technically invalid, such bond and mortgage would still have cfe*378ated a lien upon the mortgaged premises from the time of The recording of the mortgage. • And a court of equity would have compelled Allen either to execute a valid assignment…
2Cited by16 opinions
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Sherry v. GilmoreWisconsin Supreme Court · 1883
- Gille v. HuntSupreme Court of Minnesota · 1886
- Simons v. BedellCalifornia Supreme Court · 1898
- Kelley v. BourneOregon Supreme Court · 1887
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