Whitney v. M'Kinney
New York Court of Chancery
BILL, filed August 3,1822, stated that the defendant, on the 20th of December, 1816, executed a bond and mortgage to Ezekiel Crocker, to secure the payment of 3000 dollars, the one half on the 1st of October, 1818, and the other half on the 1st of October following.
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BILL, filed August 3,1822, stated that the defendant, on the 20th of December, 1816, executed a bond and mortgage to Ezekiel Crocker, to secure the payment of 3000 dollars, the one half on the 1st of October, 1818, and the other half on the 1st of October following. On the 28th of May, 1817, a payment of 92 dollars and 87 cents was made; and on the 3d of November, 1817, an agreement was entered into between C. and the defendant, and indorsed on the bond, by which C. stipulated, that if, before the time of the last payment, the mortgagor should satisfy the incumbrances existing on the…
1Opinion of the Court
The Chancellor.
I do not apprehend it to be necessary, in all cases of a bill to foreclose by the assignee of a mortgage, that the mortgagee should be a party defendant. In Hobart v. Abbott, (2 JP. Wms. 642.) and in Johnson *147v. Hart, (3 Johns. Cas. 322.) the mortgagee assigned his mortgage not absolutely, as in this case, but by way of mortgage, and he had, of course, a right to redeem, as against his own assignee. The mortgagee was, therefore, held, in those cases, to be a necessary party. But where the assignment is absolute, and the mortgagee parts with all his interest in the mortgage, and…
2Cited by15 opinions
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- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
- Elliott v. ArmstrongIndiana Supreme Court · 1829
- Erwin v. FergusonSupreme Court of Alabama · 1843
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