Frelinghuysen & Bruen v. Colden
New York Court of Chancery
In May, 1829, C. R Golden purchased of the heirs of S„ Eldert a piece of land, in the town of Jamaica, containing about 54 acres, being a part of the miion race course, and gave a mortgage on the same to secure a portion of the purchase money.
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In May, 1829, C. R Golden purchased of the heirs of S„ Eldert a piece of land, in the town of Jamaica, containing about 54 acres, being a part of the miion race course, and gave a mortgage on the same to secure a portion of the purchase money. In July thereafter Golden gave another mortgage on the same premises to A. O. Spencer, to secure the payment of the sum of $1500. Golden also contracted with J. Cozine for the purchase of two pieces of land, the one containing fifteen acres, and forming a part of the race course, and the other being a farm adjacent thereto. On the fifth of August, 1829,…
1Opinion of the Court
The Chancellor.
Where mortgaged premises are sold under a decree of foreclosure, the purchaser is entitled to the assistance of the court in obtaining the possession, as against parties to the suit, or those who have come into possession under them subsequent to the filing of the notice of the commencement of the suit. (2 R. S. 191, § 152.) But this court has no jurisdiction, in a summary proceeding, to determine-the rights of third persons, claiming title to the premises, who have recovered the possession of the same by legal and adverse proceedings against a party to the suit, under a *207claim…
2Cited by9 opinions
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- Brush v. FowlerIllinois Supreme Court · 1864
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