Legal Opinion

Billington v. Forbes

New York Court of Chancery

Decided December 5, 1843PublishedCited by 8 opinions

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

  1. Livingston v. ByrneCourt for the Trial of Impeachments and Correction of Errors · 1814

3Cited by8 opinions

  1. Lefevre v. LarawayNew York Supreme Court · 1856
  2. Stacy v. SmithSouth Dakota Supreme Court · 1896
  3. The SparkleDistrict Court, E.D. New York · 1874
  4. Lefevre v. LarawayNew York Supreme Court · 1856
  5. Brush v. ShusterNew York Supreme Court · 1876

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