Tallman v. Varick
New York Supreme Court
In Eciuity.x The object of the bill in this cause was to revive a decree obtained in the court of chancery, in the year 1840, by the American Life Insurance and Trust Company against Abraham Varick and others, in a foreclosure suit, and to have execution for the deficiency remaining due and uncollected, upon a sale of the premises under the decree.
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In Eciuity.x The object of the bill in this cause was to revive a decree obtained in the court of chancery, in the year 1840, by the American Life Insurance and Trust Company against Abraham Varick and others, in a foreclosure suit, and to have execution for the deficiency remaining due and uncollected, upon a sale of the premises under the decree. The bill alleged that on the 6th of July, 1842, the American Life Insurance and Trust Company made an assignment of all its property and effects, claims and demands, including the bond and mortgage of Varick and the decree obtained thereon, to the…
1Opinion of the CourtPratt, J.
The bill was filed in this cause for the purpose of reviving a decree recovered against Abraham Varick in his lifetime, and of having execution of the same against the lands upon which the decree was alleged to be a lien at the time it was docketed, and which are now in the possession of the defendants. The defendants by answer insisted that the decree never was a lien upon the lands described in the bill; and stated that they held the lands through a deed of assignment, made for the benefit of creditors, by Abraham Varick, in the year 1838^ and some two years before the docketing of the…
2Cases cited1 opinion
- Thompson v. HammondNew York Court of Chancery · 1833
3Cited by2 opinions
- Terry v. McClintockMichigan Supreme Court · 1879
- Edmonds v. RonellaNew York Supreme Court · 1973