Champlin v. Laytin
New York Court of Chancery
The bill in the first cause was brought for foreclosure and a sale ; and for a decree over against Laytin, the mortgagor, for any deficiency. The second suit was upon'a cross bill, filed by the mortgagor, to have the mortgage delivered up and cancelled ; as well as for a return of the money paid by him on account of the purchase of the mortgaged premises, at the time he gave the mortgage for the balance.
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The bill in the first cause was brought for foreclosure and a sale ; and for a decree over against Laytin, the mortgagor, for any deficiency. The second suit was upon'a cross bill, filed by the mortgagor, to have the mortgage delivered up and cancelled ; as well as for a return of the money paid by him on account of the purchase of the mortgaged premises, at the time he gave the mortgage for the balance. In the first instance, the defendants therein interposed a plea; but this had been overruled. They then answered ; and both causes were heard together upon pleadings and proofs. On the…
1Opinion of the Court
The Vice-Chancellor.
The decision of the Supreme Court, upon the report of the commissioners of estimate and assessment in relation to the opening of Fifth Street, stands .unreversed; and the whole title and ownership of Laytin, as grantee of the complainants in the first suit, and as their mortgagor for half of the purchase money, became extinguished. .
*470All this was known to the executors at the time they filed their bill; and, the propriety of resorting to this court for a jecree 0pforoclosure and sale may well be questioned: since, nothing remains to be sold towards satisfying the mortgage,…
2Cases cited1 opinion
- In re Mayor of New YorkNew York Supreme Court · 1825
3Cited by7 opinions
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Chesnut-Hill Reservoir Co. v. ChaseSupreme Court of Connecticut · 1840
- Green v. Morris & Essex RailroadNew Jersey Court of Chancery · 1858
- Sparks v. PittmanMississippi Supreme Court · 1875
- Carrell v. McMurrayU.S. Circuit Court for the District of Western Arkansas · 1905
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