Leonard v. Morris
New York Court of Chancery
The bill in this cause was filed to, foreclose a; mortgage, executed by Morris and wife to J. Sutphen, and afterwards assigned by Sutphen to the. complainant, with, a covenant on the part of the assignor: to. guaranty its.. collection.
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The bill in this cause was filed to, foreclose a; mortgage, executed by Morris and wife to J. Sutphen, and afterwards assigned by Sutphen to the. complainant, with, a covenant on the part of the assignor: to. guaranty its.. collection. Sutphen having died before , the filing of the. bill,, the complainant made his personal representatives and his devisees parties to the suit; for the purpose of obtaining a decree over against them, upon the covenant of the testator, in case it should happen that the whole amount of the bond and mortgage and costs of suit could not be- obtained upon a sale of…
1Opinion of the Court
The Chancellor.
The 154th section of the article of the revised statutes relative to the foreclosure of mortgages in this court, (2 R. S. 191,) authorizes the complainant, when the mortgage debt is secured by the obligation, or other evidence of debt, of any other person besides the mortgagor, to make such person a party to the bill for the purpose of obtaining a decree against such person for the deficiency, if there should be any, after applying the proceeds of the sale of the mortgaged premises towards the satisfaction of the debt and costs. Under this statutory provision, the court has…
2Cited by13 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- White v. ParkerNew York Supreme Court · 1850
- Hill v. TownleySupreme Court of Minnesota · 1891
- Borden v. GilbertWisconsin Supreme Court · 1861
- Pardee v. Van AnkenNew York Supreme Court · 1848
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