Tower v. White
New York Court of Chancery
This was an appeal, by the complainant, from- a decretal order of the vice chancellor of the fifth circuit overruling a master’s report, allowing an exception to the answer of the defendant White for impertinence. The bill was filed to foreclose a mortgage which had been assigned to the complainant, who was also the assignee of other mortgages upon the equity of redemption in the premises; but who in his bill had said nothing about these junior mortgages.
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This was an appeal, by the complainant, from- a decretal order of the vice chancellor of the fifth circuit overruling a master’s report, allowing an exception to the answer of the defendant White for impertinence. The bill was filed to foreclose a mortgage which had been assigned to the complainant, who was also the assignee of other mortgages upon the equity of redemption in the premises; but who in his bill had said nothing about these junior mortgages. The defendant White was the assignee in bankruptcy of two of the mortgagors in one of the junior mortgages, which was given upon an…
1Opinion of the Court
The Chancellor.
Without talcing time to examine the question whether the complainant’s exception did not cover too much, I am satisfied that the answer is not impertinent in the matters excepted to. Previous to the adoption of the 132d and the 136th rules of this court, in January, 1830, junior incumbrancers, who were made defendants, not only were authorized to litigate their claims with the complainant, but also with their several co-defendants, previous to the decree of sale. And as a general rule they were required to do so. (Renwick v. Macomb, Hopk. Rep. 277.) The object of these two…
2Cited by11 opinions
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Ulrich v. DrischellIndiana Supreme Court · 1882
- Sautter v. FrickAppellate Division of the Supreme Court of the State of New York · 1930
- Drury v. ClarkNew York Supreme Court · 1857
- Field v. HawxhurstNew York Supreme Court · 1853
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