Legal Opinion

Toll v. Hiller

New York Court of Chancery

Decided October 1, 1844PublishedCited by 16 opinions

The facts of this case and the grounds upon which the application of the defendant, to set aside the sale in this case was denied, and the application to set aside the writ of assistance against him was granted, are stated in the opinion of the chancellor.

1Opinion of the Court

The Chancellor.

This case comes before me upon an order to show cause, why the master’s report of the amount due upon the mortgage in this cause, the decree of sale, and the sale and report thereof, and all subsequent proceedings, should not be set aside; and also why the order of the court, allowing the writ of assistance to turn the defendant out of possession of .the mortgaged premises, should not be set aside. The bill was filed to foreclose a mortgage of $3000, dated the 18th of April, 1889, payable in six yearly payments, with interest annually. At the time the bill was filed, in May,…

2Cited by16 opinions

  1. Young v. . HillNew York Court of Appeals · 1876
  2. In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945
  3. In Re Wisconsin Cent. Ry. Co.District Court, D. Minnesota · 1945
  4. Mathews v. ToogoodNebraska Supreme Court · 1888
  5. Bolte v. AkauHawaii Supreme Court · 1892

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