Lawrence v. Cornell
New York Court of Chancery
PETITION of the plaintiff, stating a decree for the sale of mortgaged premises, lying in the city of New- York, to satisfy the mortgage debt due to the plaintiff, and a junior mortgage held by one of the defendants, and a sale thereon, by a Master, in pursuance of the decree, to William Reynolds, for 2,550 dollars. That, at the time of the sale, the .premises were represented as free and clear from all incumbrances.
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PETITION of the plaintiff, stating a decree for the sale of mortgaged premises, lying in the city of New- York, to satisfy the mortgage debt due to the plaintiff, and a junior mortgage held by one of the defendants, and a sale thereon, by a Master, in pursuance of the decree, to William Reynolds, for 2,550 dollars. That, at the time of the sale, the .premises were represented as free and clear from all incumbrances. That since the sale, the plaintiff has discovered that there was a city assessment upon the lot, amounting, on the 1st of March last, to 300 dollars and 31 cents, and that - the…
1Opinion of the Court
The Chancellor.
The facts stated in the petition and report, remain uncontradicted. The premises, at the time of the sale, were represented “ to be free and clear from all incumbrances;” and the Master’s report contains no allega*544tion to the contrary. It, likewise, contains the evidence of the fact of such incumbrances; and the certificates show that the evidence of them came to the Master’s knowledge since the sale. The purchaser ought not to be held to his purchase, under these circumstances; and we must intend that the lot was sold, and was purchased with the understanding, that the title…
2Cited by3 opinions
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Gibson v. HeirsSupreme Court of Missouri · 1869
- Scott v. ShySupreme Court of Missouri · 1873