Curtis v. Hitchcock
New York Court of Chancery
This cause came before the court upon a demurrer to the complainants’ bill. The object of the bill "was to obtain the specific performance of a contract for the purchase of a lot of land in the city of New-York by the defendant.
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This cause came before the court upon a demurrer to the complainants’ bill. The object of the bill "was to obtain the specific performance of a contract for the purchase of a lot of land in the city of New-York by the defendant. And the only question in controversy between the parties, was whether the complainants, who had bid in the lot upon a master’s sale under a decree of foreclosure, could give a perfect title to the lots, discharged of the equity of redemption of certain judgment creditors of the mortgagor. The foreclosure suit was commenced in December, 1839, against the mortgagor, and…
1Opinion of the Court
The Chancellor.
Two questions are presented for the consideration of the court in this case : First, whether this was a good and sufficient notice under the provisions of the act of May, 1840; and Second, if it was not, whether the eighth and ninth sections of that act are merely directory, so as to make the decree of foreclosure, and the sale of the mortgaged premises, an absolute bar of the equity of redemption of all persons claiming under a judgment, or decree, which was subsequent to the mortgage, although the provisions of the statute have not in fact been complied with. Previous to the…
2Cases cited1 opinion
- Jackson ex dem. Carman v. RoseveltNew York Supreme Court · 1816
3Cited by9 opinions
- Hunt v. AcreSupreme Court of Alabama · 1856
- Manning v. McClurgWisconsin Supreme Court · 1861
- Boyd v. WeilWisconsin Supreme Court · 1860
- Gould v. GagerNew York Supreme Court · 1863
- Potter v. . RowlandNew York Court of Appeals · 1854
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