Skeel v. Spraker
New York Court of Chancery
This case came before the chancellor on an appeal by the complainant from a decree of the vice chancellor of the fourth circuit.
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This case came before the chancellor on an appeal by the complainant from a decree of the vice chancellor of the fourth circuit. From the pleadings and proofs the following facts appeared: In April, 1824, J. Cornue being the owner of fifty acres of land in Preble, in the county of Cortland, subject to a mortgage thereon to the commissioners of public lands in that town, for about $142, sold and conveyed the premises to E. Van Camp, and took back from him a bond and mortgage on the same premises, to secure the payment of $870 part of the purchase money. In 1825, E. Kane, the then owner of a…
1Opinion of the Court
The following opinion was delivered by the vice chancellor, upon making the decree appealed frem:
*186Willard, V. C. The quit claim deed executed by Van Camp to Cornue on the 25th November, 1830, and the bond of indemnity executed at the same time by Cornue to Van Camp, would probably have operated as a satisfaction of the mortgage of the 17th April, 1824, given by Van Camp to Cornue, on the same premises, if Cornue had not previously assigned it to Kane as collateral security for the payment of a mortgage given by him to Kane on the 8th June, 1825. The doctrine of merger was well considered by…
2Cases cited1 opinion
- Jackson, ex rel. Hendricks v. AndrewsNew York Supreme Court · 1831
3Cited by15 opinions
- Iglehart v. WessonIllinois Supreme Court · 1866
- McMahon v. RussellSupreme Court of Florida · 1880
- Lyman v. LymanSupreme Court of Vermont · 1859
- Fassett v. MulockSupreme Court of Colorado · 1880
- Murray v. . FoxNew York Court of Appeals · 1887
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