Morrill v. Cooper
New York Supreme Court
IN January, 1873, the plaintiff was seised in fee simple of the lands described in the complaint, upon which the defendant William Cooper held two mortgages over due, and upon which he commenced an action of foreclosure. Such proceedings were had, in that suit, that a decree of foreclosure was entered.
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IN January, 1873, the plaintiff was seised in fee simple of the lands described in the complaint, upon which the defendant William Cooper held two mortgages over due, and upon which he commenced an action of foreclosure. Such proceedings were had, in that suit, that a decree of foreclosure was entered. A referee in said decree named, on the 30th of May, 1873, offered, pursuant to notice, the premises for sale, and sold them to the highest bidder, who was the mortgagee, upon a bid of- $2,000, and a' judgment was entered up for the deficiency, amounting to about $2,200. ’ At the time of sale,…
1Opinion of the CourtHardin, J.
Confessedly, the equities of this case are very strongly with the plaintiff. It remains to be considered, upon the facts shown upon the trial, whether the plaintiff can, consistently with the rules of equity, have a decree for the specific performance of the alleged agreement made by Cooper in respect to the sale, and to re-convey the premises upon receiving his mortgage debt, interest and costs of the foreclosure.
The defendants deny the agreement set out in the complaint, and set up an agreement to recovery to the plaintiff upon different terms and conditions; and do not, in terms, set up…
2Cases cited10 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Rathbun v. RathbunNew York Supreme Court · 1849
- Malins v. . BrownNew York Court of Appeals · 1850
- Lowry v. TewNew York Court of Chancery · 1848
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3Cited by6 opinions
- Brown v. BrownNew York Supreme Court · 1883
- Dunckel v. DunckelNew York Supreme Court · 1890
- Hensler v. SefrinNew York Supreme Court · 1880
- Moyer v. MoyerNew York Supreme Court · 1880
- Pawling v. PawlingNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.