Legal Opinion

Lowry v. Tew

New York Court of Chancery

Decided June 23, 1848PublishedCited by 19 opinions

This was an' appeal from a decretal order of the vice chan-' c'ellor of the eighth circuit, overruling a demurrer to the coinplainant’s bill. Thé object of the'hill was to redeem a farm, of about 203 acres of land- in the county of Chautiatique, fvdm’ A mortgage, and from a foreclosure1 and sale’under the same.

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This was an' appeal from a decretal order of the vice chan-' c'ellor of the eighth circuit, overruling a demurrer to the coinplainant’s bill. Thé object of the'hill was to redeem a farm, of about 203 acres of land- in the county of Chautiatique, fvdm’ A mortgage, and from a foreclosure1 and sale’under the same. The bill stated1, in substance; that in June; 1833J J. Sherman,.-" being the owner of the farm* hr question, mortgaged it to The'New-York Life insurance and' Trust Company, to* secure: the payment of $1000' and interest. Three* judgments were1 after-wards recovered against Sherman,…

1Opinion of the Court

The Chancellor.

Upon the facts stated in this bill it .must be presumed that Lowry, the complainant, was in the open and notorious possession of the mortgaged premises, by his tenant, at the time the proceedings to foreclose the mortgage were'instituted. I think also, upon the face of this bill, it appears that the verbal agreement for the sale of the premises had been so far consummated, by a part performance, at the time of the institution of the foreclosure suit, as to give to Lowry an equitable right to redeem the premises from the "mortgage as well as from the sheriff’s sale. For he had…

2Cited by19 opinions

  1. Ryan v. . DoxNew York Court of Appeals · 1866
  2. Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
  3. McKinley v. . HessenNew York Court of Appeals · 1911
  4. Miller v. . BallNew York Court of Appeals · 1876
  5. Harris v. . FrinkNew York Court of Appeals · 1872

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