Curtis v. Tyler
New York Court of Chancery
This was a demurrer by the defendant R. L. Allen to the complainants’ bill. The object of the suit was to foreclose and obtain satisfaction of two bonds and mortgages, upon the same premises, executed by the defendant Tyler on the 5th of December, 1838. And Allen, who had guarantied the payment of one of the bonds and mortgages, was made a defendant, for the purpose of obtaining a decree over against him for the deficiency, if any there should be, upon a sale of the…
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This was a demurrer by the defendant R. L. Allen to the complainants’ bill. The object of the suit was to foreclose and obtain satisfaction of two bonds and mortgages, upon the same premises, executed by the defendant Tyler on the 5th of December, 1838. And Allen, who had guarantied the payment of one of the bonds and mortgages, was made a defendant, for the purpose of obtaining a decree over against him for the deficiency, if any there should be, upon a sale of the mortgaged premises, in case the deficiency could not be collected from Tyler, the mortgagor. The first bond and mortgage was…
1Opinion of the Court
The Chancellor.
There is no foundation for the objection that the complainants have not disclosed the nature of the trust upon which they hold the bonds and mortgages assigned to them by Beers, or the names of the cestuis que trust. It is not alleged in the bill that the bonds and mortgages were assigned to the complainants upon any trust whatever; and for aught that appears, the addition of the word trustees after their names, is a mere matter of description. If the mortgages have been assigned upon trusts which are illegal, or upon trusts which require that the cestuis que trust should be…
2Cases cited1 opinion
- Bank of Auburn v. ThroopNew York Supreme Court · 1821
3Cited by58 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Burr v. . BeersNew York Court of Appeals · 1861
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Hampton v. PhippsSupreme Court of the United States · 1883
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