Rice v. Dewey
New York Supreme Court
APPEAL by the defendant from a .judgment entered upon the report of a referee. The action was bfotight to restrain the defendant from selling under a statute foreclosure certain mortgaged premises, in which the plaintiffs were severally interested as purchasers from the mortgagor. On the 28th day of October, 1848, ’ Elias S. Hedges executed his bond to Nathaniel A. Lowry, conditioned for the payment of $5500 and interest, in future installments.
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APPEAL by the defendant from a .judgment entered upon the report of a referee. The action was bfotight to restrain the defendant from selling under a statute foreclosure certain mortgaged premises, in which the plaintiffs were severally interested as purchasers from the mortgagor. On the 28th day of October, 1848, ’ Elias S. Hedges executed his bond to Nathaniel A. Lowry, conditioned for the payment of $5500 and interest, in future installments. To secure the payment of the bond, he at the same time executed a mortgage upon certain real estate, situated in and near' Sinclearville, Chautauqua…
1Opinion of the Court
By the Court,
Grover, J.
The determination of- this case will be facilitated by considering the rights of the purchasers from Hedges collectively, in the first instance. These purchases were made while the defendant’s mortgage was owned and held by Lowry. It is necessary first to ascertain whether the purchasers have shown a right to have their lands respectively discharged from the lien of the mortgage at the time of its transfer from Lowry to the defendant. If they had such right against Lowry, at the time, it is equally available against the defendant as assignee of Lowry. He took the…
2Cases cited2 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Ryerss v. FarwellNew York Supreme Court · 1850
3Cited by11 opinions
- Wiser v. LawlerSupreme Court of the United States · 1903
- Beach v. OsborneSupreme Court of Connecticut · 1902
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Porter v. WheelerSupreme Court of Alabama · 1894
- Hurt v. RiffleDistrict Court, D. Indiana · 1882
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