Withers v. Morrell
New York Court of Chancery
Bill to foreclose a mortgage upon thirteen lots of ground in the village of Williamsburgh. This mortgage had been given by the defendant, John Morrell, to secure a portion of the consideration money on a purchase of the property.
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Bill to foreclose a mortgage upon thirteen lots of ground in the village of Williamsburgh. This mortgage had been given by the defendant, John Morrell, to secure a portion of the consideration money on a purchase of the property. In his answer, he insisted that no title had passed as to four of the lots—making his allegation to that effect as follows : “ And this defendant, further answering, says that since the execution of the said deed of indenture by said David Codwise to this defendant and of the said bond and indenture of mortgage, this defendant has learned and ascertained and he,…
1Opinion of the Court
The Vice-Chancellor :
There is no question about the complainant’s right to a decree for a sale of the mortgaged premises and payment of the debt and costs out of the proceeds as far as the same will go. But the question is, whether the complainant shall have a decree over against the mortgagor personally for a deficiency ?
The answer of the defendant, John Morrell, shows that he gave the bond and mortgage in part payment of the purchase money for a number of lots, including those mortgaged ; that his grantor had no title ; and that under the deed to him he has no title to four of the lots…
2Cited by7 opinions
- Miller v. AveryNew York Court of Chancery · 1848
- Webber v. LawrenceMichigan Supreme Court · 1898
- Administrators of Glenn v. George a. WhippleNew Jersey Court of Chancery · 1858
- Hulfish v. O'BrienNew Jersey Court of Chancery · 1869
- Cohen v. WoollardCourt of Appeals of Tennessee · 1876
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