Proctor v. Farnam
New York Court of Chancery
This was an appeal from a decretal order of the vice chancellor of the fifth circuit. The question arose upon the sale of mortgaged premises in a foreclosure suit; and notice had been given by the mortgagor of an application for a resale. That application had not been finally disposed of when the decretal order, from which this appeal was taken, was entered, but it was ultimately refused.
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This was an appeal from a decretal order of the vice chancellor of the fifth circuit. The question arose upon the sale of mortgaged premises in a foreclosure suit; and notice had been given by the mortgagor of an application for a resale. That application had not been finally disposed of when the decretal order, from which this appeal was taken, was entered, but it was ultimately refused. At the sale of the premises by the master, the same were bid off by J. Fay, the appellant, for $1007; but as the purchaser was not able to raise the money immediately, the master gave him a day or two to…
1Opinion of the Court
The Chancellor.
The law of this case is so fully and correctly laid down in the opinion of the vice chancellor, that it is only necessary for me to say that I concur with him in the conclusion at which he arrived, and in the reasons upon which that opinion was founded. It is not pretended on the part of the appellant that it was not true, as he was told by Mann, that the rail road company intended to take the lot for the necessary accommodation of the rail road; and the statute gave them the right to take it for that purpose. Neither is it alleged that the amount bid was not the full value of…
2Cited by10 opinions
- Hall v. HallWest Virginia Supreme Court · 1877
- Knox v. SprattSupreme Court of Florida · 1883
- Archer v. . ArcherNew York Court of Appeals · 1898
- Dickinson-Reed-Randerson Co. v. MarkleySupreme Court of Oklahoma · 1926
- Austin v. BallardSupreme Court of Kansas · 1911
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