Movan v. Hays
New York Court of Chancery
THE plaintiffs, by a deed, dated the 5th of January, 1799, conveyed to the defendant, in fee, a house and lot in JVezo- York, for the consideration of 2,500 dollars, subject to two mortgages ; one to T. Gardner, for 600 dollars, and one to John Jones, for 650 dollars; the deed was in the usual form, with full covenants and warranty, except as to the mortgages specified, and was duly acknowledged by the grantors, and recorded the 16th of July, 1801. The defendant, on the 5th…
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THE plaintiffs, by a deed, dated the 5th of January, 1799, conveyed to the defendant, in fee, a house and lot in JVezo- York, for the consideration of 2,500 dollars, subject to two mortgages ; one to T. Gardner, for 600 dollars, and one to John Jones, for 650 dollars; the deed was in the usual form, with full covenants and warranty, except as to the mortgages specified, and was duly acknowledged by the grantors, and recorded the 16th of July, 1801. The defendant, on the 5th of January, 1799, executed a mortgage of the same premises to the plaintiffs, for securing the sum of 1,248 dollars and…
1Opinion of the Court
The Chancellor.
The objection is well taken that the assignees of Movan are not parties to the bill. The interest claimed by the bill passed to the assignees, and though they afterwards re-assigned to Movan all the remaining interest of his estate, yet, unless it was done, which does not *342appear in this case, with the assent of all the creditors of Movan, having an interest in the estate so assigned in trust, it was a manifest breach of trust, and cannot be regarded as . valid.
But admittingthe bill to have been brought by the assignees, (and, on this assumed point, to save litigation, my…
2Cited by12 opinions
- West v. RandallU.S. Circuit Court for the District of Rhode Island · 1820
- Fouty v. FoutyIndiana Supreme Court · 1870
- Pinney v. FellowsSupreme Court of Vermont · 1843
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Hall v. LivingstonCourt of Chancery of Delaware · 1869
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