Sea Insurance v. Stebbins
New York Court of Chancery
The bill in this cause was filed, in February, 1838, to foreclose a mortgage given by Stebbins and wife to the Sea Insurance Company, to secure the payment of |5000 and interest. The mortgagor appeared and answered the bill, and the cause was put at issue, by filing a replication to the answer, on the 3d of December in the same year.
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The bill in this cause was filed, in February, 1838, to foreclose a mortgage given by Stebbins and wife to the Sea Insurance Company, to secure the payment of |5000 and interest. The mortgagor appeared and answered the bill, and the cause was put at issue, by filing a replication to the answer, on the 3d of December in the same year. No further proceedings were had in the cause until November, 1840, when the receivers, who had been appointed by the chancellor to take charge of the property and effects of the Sea Insurance Company, under the provisions of the revised statutes relative to…
1Opinion of the Court
The Chancellor.
The affidavit of the mortgagor that he has a good defence to the suit, without stating what that *567defence is, can have no influence whatever in the decision of this application. For the practice in this court is to require the party to state under oath what his defence is, to enable the chancellor, or the vice chancellor before whom the application is pending, to see whether it is a real or only an imaginary defence to the suit,(a) In applications of this kind the court must also be satisfied beyond all reasonable doubt that the mortgaged premises, upon a master’s sale, will…
2Cited by22 opinions
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- Merritt v. GibsonIndiana Supreme Court · 1891
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