Baker v. Potts
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles F. Potts, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 24th day of December, 1900, upon the decision of the court, rendered after a trial at the Oswego Special Term, setting aside a conveyance of real estate.
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Appeal by the defendant, Charles F. Potts, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 24th day of December, 1900, upon the decision of the court, rendered after a trial at the Oswego Special Term, setting aside a conveyance of real estate. On the 13th day of May, 1886, the defendant, Abby Potts, gave her mortgage to one Martin Cox upon ninety-three acres of land owned by her to secure the payment of the sum of $700. A bond accompanied the mortgage, which was executed hy the mortgagor and her husband, Van…
1Opinion of the Court
Spring, J.:
It is contended on behalf of the appellant that the action cannot be maintained inasmuch as the lands owned by Mrs. Huff and conveyed to the plaintiff and which were subject to the lien of the deficiency judgment have never been sold by virtue of that judgment. The court has found that the Syracuse property is of the value of $1,500 and was subject to the mortgage of $1,000, showing, therefore, a tangible equity in Mrs. Huff of $500 which upon a sale might have been applied in reduction of the judgment.
It has always been held that before a judgment creditor can resort to equity to…
2Cases cited9 opinions
- Smith v. . ReidNew York Court of Appeals · 1892
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Child v. BraceNew York Court of Chancery · 1834
- Townsend v. . WhitneyNew York Court of Appeals · 1878
- Weaver v. . HavilandNew York Court of Appeals · 1894
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3Cited by2 opinions
- Egan v. HaganAppellate Division of the Supreme Court of the State of New York · 1907
- Lovejoy v. ChapinNew York Supreme Court · 1909