Farmers' Loan & Trust Co. v. Maltby
New York Court of Chancery
The bill in this cause was filed to foreclose a mortgage given to the complainants, by the defendant Maitby, in October, 1835, on four lots in Buffalo, numbered on a diagram annexed to the answer in this cause, lots 1, 2, 3 hnd 4 ; which mortgage was recorded on the 10th of the same month. The cause was heard upon bill and answer as to the defendants Linhart, Buchanan, and Hodge ; and upon the bill taken as confessed as to the other defendants.
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The bill in this cause was filed to foreclose a mortgage given to the complainants, by the defendant Maitby, in October, 1835, on four lots in Buffalo, numbered on a diagram annexed to the answer in this cause, lots 1, 2, 3 hnd 4 ; which mortgage was recorded on the 10th of the same month. The cause was heard upon bill and answer as to the defendants Linhart, Buchanan, and Hodge ; and upon the bill taken as confessed as to the other defendants. The facts of the case, so far as they are necessary to understand the decision of the chancellor, are stated in his opinion.
1Opinion of the Court
The Chancellor.
The bill in this cause is filed to foreclose a mortgage given by the defendant Maltby on a tract of land in Buffalo, consisting of four pieces, according to a diagram annexed to the answer of the defendants Linhart, Buchanan and Hodge, numbered lots 1, 2, 3 and 4. The mortgage to the complainants was given in October, 1835, for $5000, and interest, and was recorded on the 10th of October. At that time Linhart was in possession of No. 2, Buchanan of No. 1, and Hodge of No. 3, under contracts to purchase of Maltby. And 1 infer, from the answer, that Maltby himself had not then…
2Cited by13 opinions
- Baldwin v. SagerIllinois Supreme Court · 1873
- Edwards v. McKernanMichigan Supreme Court · 1885
- Balen v. MercierMichigan Supreme Court · 1889
- Dodd v. WilliamsMissouri Court of Appeals · 1877
- Heffron v. FlaniganMichigan Supreme Court · 1877
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