Van Rensselaer v. Akin
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. This was a bill to foreclose three mortgages executed by the respondent and two other persons. On the 10th March, 1810, the defendant William Akin, together with Titus Goodman and John Dickinson, became the purchasers of a tract of 537 acres of land, situate at Green Bush opposite the city of Albany, for which they agreed to pay $60,000 in manner following: Bach purchaser to give his notes for $5000 payable at certain days, and also to give three…
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Appeal from chancery. This was a bill to foreclose three mortgages executed by the respondent and two other persons. On the 10th March, 1810, the defendant William Akin, together with Titus Goodman and John Dickinson, became the purchasers of a tract of 537 acres of land, situate at Green Bush opposite the city of Albany, for which they agreed to pay $60,000 in manner following: Bach purchaser to give his notes for $5000 payable at certain days, and also to give three several bonds for $5000 each payable as follows; $5000 on Jst May, 1811, $5000on 1st May, 1812, and $5000 on 1st May, 1813.…
1Opinion of the Court
After advisement, the following opinion was delivered :—
By Cowen, J.
I entirely concur in the chancellor’s general conclusion. Independent of the more technical inquiry, whether the proofs sustain the title insisted on by the bill, or, indeed, make out any title whatever in the appellants, the bill was properly dismissed, as to Akin, on the merits. Each purchaser was treated from the beginning as the sole principal debtor for the share of the lands which fell to him on partition and the mortgages, so far as they respected the other shares, were a mere secuity. Akin, therefore, stood on the…
2Cases cited1 opinion
- Nelson v. CarringtonSupreme Court of Virginia · 1815
3Cited by7 opinions
- Sarah v. ReadIllinois Supreme Court · 1882
- In re the Probate of the Will of De NardoAppellate Division of the Supreme Court of the State of New York · 1944
- Demarest v. DaigNew York Court of Common Pleas · 1860
- In re MokeNew York Surrogate's Court · 1877
- Rowe v. WilliamsCourt of Appeals of Kentucky · 1846
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