Billington v. Forbes
New York Court of Chancery
This was an appeal by the defendant Marsh, from an order of the vice chancellor of the fifth circuit, directing a resale of mortgaged premises which belonged to Forbes the other defendant; and which had been purchased by Marsh at a master’s sale under a decree of foreclosure.
1Opinion of the Court
The Chancellor.
I think the vice chancellor was right in ordering a resale under the peculiar circumstances of this case. Very little reliance can be placed upon the recollections of Billington ; as his affidavits, which the appellant and the respondents repectively have obtained from him, are in direct conflict in some very important particulars. I think the following facts may be considered, however, as established. First, that Marsh, the purchaser, was a mere nominal defendant, who had no interest in the mortgaged premises, nor in the proceeds of the sale, which justified him in interfering…
2Cases cited1 opinion
- Livingston v. ByrneCourt for the Trial of Impeachments and Correction of Errors · 1814
3Cited by8 opinions
- Lefevre v. LarawayNew York Supreme Court · 1856
- Stacy v. SmithSouth Dakota Supreme Court · 1896
- The SparkleDistrict Court, E.D. New York · 1874
- Lefevre v. LarawayNew York Supreme Court · 1856
- Brush v. ShusterNew York Supreme Court · 1876
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