Aymar v. Bill
New York Court of Chancery
Bill, to forclose a mortgage executed to the plaintiff, by the defendants Bill and J. D. Crane, on the 26th of August, 1818, upon a house and lot in the fifth ward; and also upon a house and lot in Vandewater street, in the city of New-York.
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Bill, to forclose a mortgage executed to the plaintiff, by the defendants Bill and J. D. Crane, on the 26th of August, 1818, upon a house and lot in the fifth ward; and also upon a house and lot in Vandewater street, in the city of New-York. The mortgage was executed to secure the payment of a bond for 4,500 dolllars, given by those two defendants to the plaintiff, to secure the purchase money of the house and lot. in the jfifth ward, which the plaintiff had then sold, and conveyed to those two defendants. The mortgage was duly registered on the day after its date. The defendant Bill, had…
1Opinion of the Court
The Chancellor.
The interest of Crane, as mortgagee of the lot in Vandewater street was not, at the time of the execution of the mortgage to the plain tiff, an interest in the land, capable of being the subject of sale, either absolutely, or by way of mortgage, distinct irom the debt *572it was intended to secure. It does not appear from the case that the debt to Crane was even due, when the mortgage to the plaintiff was executed ; and it is clearly to be inferred, that the mortgage had not been foreclosed, or possession taken under it. Though such a mortgage interest may be, by way of…
2Cited by11 opinions
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- McCammant v. RobbertsTexas Supreme Court · 1894
- Miller v. BerrySouth Dakota Supreme Court · 1905
- Clark v. ClarkSupreme Court of New Hampshire · 1875
- Richards Trust Co. v. RhombergSouth Dakota Supreme Court · 1905
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