Warner v. Paine
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit, denying the complainant’s application for an injunction, to restrain the defendants from selling personal property mortgaged to her, under execution against the mortgagor.
1Opinion of the Court
The Chancellor.
If the first mortgage to the complainant was accompanied by an actual delivery of the property and a continued change of possession thereof,' the complainant is not entitled to an injunction. For she has a perfect remedy at law to protect her rights. But if there was no delivery of the property to her, at or before the giving of the first mortgage, it does not appear by her bill that such mortgage was filed, and renewed from time to time, so as to make it a lien either at law or in equity, as against a judgment creditor. Nor does she appear, by the bill, to have acquired any…
2Cited by5 opinions
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- Anderson v. TaylorCourt of Appeals of Tennessee · 1873