Williams v. Thorn
New York Court of Chancery
This case came before the chancellor upon an appeal from a decree of the vice chancellor of the seventh circuit. The bill in the original suit was filed in November, 1837, to foreclose a mortgage given to the complainant' by J. Strong, one of the defendants, on the 27th of April, 1836, upon two parcels of land in Rochester; the one parcel called “ the city mills,” and the other parcel spoken of by the witnesses as “the city lots.”
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This case came before the chancellor upon an appeal from a decree of the vice chancellor of the seventh circuit. The bill in the original suit was filed in November, 1837, to foreclose a mortgage given to the complainant' by J. Strong, one of the defendants, on the 27th of April, 1836, upon two parcels of land in Rochester; the one parcel called “ the city mills,” and the other parcel spoken of by the witnesses as “the city lots.” This mortgage, together with the bond of Strong, was given to secure the payment of $10,000, in September, 1837, with interest. The cross-bill was filed by T. J.…
1Opinion of the Court
The Chancellor.
To understand the equities of the parties in this complicated case, it is first necessary to obtain a correct understanding of th,e facts, as they are presented by the pleadings and proofs. It appears that on the 1st of September, 1832, J. Strong, one of the defendants, and M. Strong, together with Williams, the complainant in the original bill ip this cause, were joint owners, as tenants in .common, of the parcel of the mortgaged premises called the city mills; and were copartners in the milling business. At that time Williams sold his third of the city mills, and his interest…
2Cited by8 opinions
- Kitchell v. MudgettMichigan Supreme Court · 1877
- Amory v. LawrenceU.S. Circuit Court for the District of Massachusetts · 1872
- Cutler v. RicamioNew Jersey Court of Chancery · 1863
- Barber v. PalmerNew York Supreme Court · 1893
- Berdell v. BerdellNew York Supreme Court · 1884
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