Wheeler v. Van Kuren
New York Court of Chancery
'The bill in this cause was filed to foreclose a mortgage on which there was about $55 due, and also to obtain payment of a judgment of about $80, which was a lien upon the mortgaged premises. The bill alleged that the defendant in the judgment had no real or personal estate, other than the mortgaged premises, out of which the judgment, or any part of it, could be collected.
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'The bill in this cause was filed to foreclose a mortgage on which there was about $55 due, and also to obtain payment of a judgment of about $80, which was a lien upon the mortgaged premises. The bill alleged that the defendant in the judgment had no real or personal estate, other than the mortgaged premises, out of which the judgment, or any part of it, could be collected. The bill was taken as confessed against the mortgagor, and against the other defendant who was made a party as having some interest in the mortgaged premises, as an incumbrancer or otherwise, subsequent to the mortgage.…
1Opinion of the Court
The Chancellor.
The court of chancery is required to dismiss every bill concerning property, where the matter in dispute, exclusive of costs, does not exceed the value of one hundred dollars. (2 R. S. 173, § 40.) Upbn the hearing of this *491cause, therefore, I had doubts whether I could make a decree in favor of the complainant, consistently with this statutory provision, and with the decision of this court in Duow v. Sheldon, (2 Paige's Rep. 323.) Upon examination, however, I have arrived at the conclusion that the claim of the complainant, on his judgment, as a subsequent lien upon the…
2Cited by4 opinions
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- Sautter v. FrickAppellate Division of the Supreme Court of the State of New York · 1930
- Vaughn v. ElyNew York Supreme Court · 1848
- Homœopathic Mutual Life Insurance v. SixburyNew York Supreme Court · 1879