Tripp v. Vincent
New York Court of Chancery
This was an appeal from a decree of the late vice chancellor of the seventh circuit for the foreclosure and sale of mortgaged premises. The defendants were judgment creditors of the mortgagor, and set up as a defence that the mortgage to the complainant was without consideration, and fraudulent as against the appellants. The facts appear sufficiently in the opinion of the chancellor.
1Opinion of the Court
The Chancellor.
The facts disclosed upon the examination of the complainant as a witness upon the creditor’s bill filed against the mortgagor render it highly probable that his mortgage was given for some fraudulent purpose, and that the *614whole amount which the mortgage professes to cover was not in fact due from the mortgagor. It is also evident from the testimony of the mortgagor himself, that the note which formed a part of the alleged consideration was subsequently given up to the complainant, by the mortgagor, without exacting full payment of the amount due thereon; and that too, after the…
2Cited by14 opinions
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- Bentley v. VanderheydenNew York Court of Appeals · 1866
- Blandy v. GriffithU.S. Circuit Court for the District of Southern Ohio · 1869
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