Bosworth v. . Vandewalker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment for defendant, entered upon the decision of the court at Special Term. This action was brought to redeem certain lands in Jefferson county from sale under mortgage. It was originally brought by plaintiff’s testator, Alfred Bosworth. Upon his death plaintiff was substituted.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment for defendant, entered upon the decision of the court at Special Term. This action was brought to redeem certain lands in Jefferson county from sale under mortgage. It was originally brought by plaintiff’s testator, Alfred Bosworth. Upon his death plaintiff was substituted. On the 1st February, 1847, George C. DeKay owned 3,500 acres of land, including the lands in question, in Jefferson county, and on that day he mortgaged it to Fitz Green Halleck for $15,000. January…
1Opinion of the CourtFolger, J.
As this case is presented to us, the position of the defendant rests upon the validity of the judgment, by which it is claimed that the minor children of De Kay, the mortgagor, were foreclosed of their equity of redemption in the mortgaged lands.
To give binding effect to such a judgment it is essential that the court should have jurisdiction of the person and of the subject-matter. The want of jurisdiction may always be set up against it, when it is sought to be enforced, or when any benefit is claimed under it. And the want of jurisdiction makes it utterly void and unavailable for any…
2Cases cited6 opinions
- Shumway v. StillmanNew York Supreme Court · 1831
- Foot v. StevensNew York Supreme Court · 1837
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Hart v. SeixasNew York Supreme Court · 1839
- Shumway v. StillmanNew York Supreme Court · 1825
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3Cited by25 opinions
- Pringle v. . WoolworthNew York Court of Appeals · 1882
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- McConnell v. DaySupreme Court of Arkansas · 1896
- Berkowitz v. BrownNew York Court of Common Pleas · 1893
- In re the Estate of SpringAppellate Division of the Supreme Court of the State of New York · 1952
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