Denton v. Nanny
New York Supreme Court
In Equity. This was an application by the defendant, Elizabeth Nanny, for surplus moneys, in a foreclosure suit. The facts are stated in the opinion of the court.
1Opinion of the CourtBrown, J.
On the 1st day of April, 1848, the defendant, Elizabeth Nanny, was and yet is the wife of the defendant, William Nanny, who at that time was the owner in fee of a farm of land in Warwick, in the county of Orange. On that day she joined her husband in a mortgage to Francis G. Den-ton, the plaintiff in this cause, to secure the payment of the sum of one thousand dollars, money borrowed, payable one year from the date, with the interest. - The mortgage contained the *620usual power of sale, and in the event of a sale, the surplus was reserved by express words, to be paid to William Nanny and…
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