Van Epps v. Van Epps
New York Court of Chancery
This was an application to dissolve an injunction, upon bill and answer. On the first of April, 1837, the complainants, E. Van Epps and wife, in right of the wife, were the owners of a farm in Greenbush ; which was subject to the lien of a mortgage of $5000, executed by them to the defendant, their son, and by him assigned to the New-York Life Insurance and Trust Company.
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This was an application to dissolve an injunction, upon bill and answer. On the first of April, 1837, the complainants, E. Van Epps and wife, in right of the wife, were the owners of a farm in Greenbush ; which was subject to the lien of a mortgage of $5000, executed by them to the defendant, their son, and by him assigned to the New-York Life Insurance and Trust Company. They sold this farm to A. 0„ Spencer, for $15,000 ; and, as a part of the consideration for the purchase, he assumed the payment of the previous mortgage, and also conveyed to the defend' nt three houses and lots in…
1Opinion of the Court
The Chancellor.
The agreement relative to the occupation of the premises in Oswego county being fully denied by the answer, so much of the injunction as restrains the defendant from proceeding in the suit for the use and occupation of that property, or from proceeding in any other form to collect the rents thereof, must be dissolved ; leaving the complainant E. Van Epps to his defence at law, if he has any. But so far as relates to the farm at Greenbush, and to the trust property, and the rents, profits, proceeds, and income thereof, the injunction must be continued to the hearing and until…
2Cited by88 opinions
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Winger v. Chicago City Bank & Trust Co.Illinois Supreme Court · 1946
- Abbot v. American Hard Rubber Co.New York Supreme Court · 1861
- Higgins v. LansinghIllinois Supreme Court · 1895
- Fulton v. . WhitneyNew York Court of Appeals · 1876
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