Pattison v. Hull
Court Of Oyer And Terminer New York
Pattison, G. & H. Vail, N. & H. Weed, and A. Parsons, filed their bill, stating that, on the 28th of July, 1826, S. *Hull, M. Hopper, Z. Baker and S. F. Hervey, being seised in fee of a farm in the town of Saranac, Clinton county, made their bond to Parsons, in the penalty of $7000, conditioned to pay him $3732 75 ; viz, $500, with interest, and on the 1st of October, 1826; $500 on the 1st of June, 1827; and the residue in different instalments at several times after, with…
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Pattison, G. & H. Vail, N. & H. Weed, and A. Parsons, filed their bill, stating that, on the 28th of July, 1826, S. *Hull, M. Hopper, Z. Baker and S. F. Hervey, being seised in fee of a farm in the town of Saranac, Clinton county, made their bond to Parsons, in the penalty of $7000, conditioned to pay him $3732 75 ; viz, $500, with interest, and on the 1st of October, 1826; $500 on the 1st of June, 1827; and the residue in different instalments at several times after, with interest; that on the same day, the obligors mortgaged to Parsons in fee, the above mentioned farm, to secure the sum…
1Opinion of the Court
Cowen, Circuit Judge.
The defendants, Southwick, Cannon, and Warren, claim that, in legal effect, the assignment carried to them, not only an interest in the judgment to the amount of the instalment, but a corresponding interest in the mortgaged premises themselves.
This view of the case is strenuously resisted by the complainants; and, although the general rule is admitted, that a direct and unqualified assignment of the whole mortgage debt carries the entire mortgage interest in the *789iand, it is contended that the assignment in question is not within the rule.
In the first place, it is said the…
2Cases cited7 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Field v. HollandSupreme Court of the United States · 1810
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
- Green v. HartNew York Supreme Court · 1806
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3Cited by38 opinions
- Allen v. . BrownNew York Court of Appeals · 1870
- Payne v. . WilsonNew York Court of Appeals · 1878
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Mowry v. WoodWisconsin Supreme Court · 1860
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