L'Amoureux v. Vandenburgh
New York Court of Chancery
This was an application on the part of the defendant William J. Vandenburgh, to set aside the decree, and the sale of the petitioner’s lot thereon, and all the proceedings in this cause against him, for irregularity as well as upon tho merits.
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This was an application on the part of the defendant William J. Vandenburgh, to set aside the decree, and the sale of the petitioner’s lot thereon, and all the proceedings in this cause against him, for irregularity as well as upon tho merits. Tho bill was tiled to foreclose a mortgage given by Alexander U. Spencer to L’Amoureux and Van Epps, in July, 1835, upon several lots of land in Greenbush, in tho comity of Rensselaer, including lot No. 39 now owned by the petitioner, to secure the payment of $5000 and interest. In February, 1833, Spencer, the mortgagor, sold and conveyed lot No. 39 to…
1Opinion of the Court
The Chancellor.
Two questions of importance arise in this case: First. Whether the petitioner had a meritorious defence which he might have availed himself of in this case if he had employed counsel and attended to it in season? Secondly. Whether the proceedings against him have been such as to entitle the complainant to hold the petitioner’s house and lot under the decree and master’s sale ?
In relation to the first question I am fully satisfied that the petitioner had a valid equitable defence to this suit; so far as it sought to subject his lot to the payment of any deficiency which might be…
2Cited by8 opinions
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- Laramie National Bank v. SteinhoffWyoming Supreme Court · 1898
- Kingman v. DunspaughAppellate Division of the Supreme Court of the State of New York · 1897
- Ely v. McNightNew York Supreme Court · 1864
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