Fitch v. Cotheal
New York Court of Chancery
The bill in this cause was filed to restrain the sale of three lots in Brooklyn, which were advertised by the defendant Cotheal, under the powers of sale contained in three several mortgages executed thereon by John Webster and Lydia his wife. It appeared that the wife of Webster was seised of the lots in fee, that she died intestate and without issue on the 24th of May, 1832, and that the complainants are her heirs at law.
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The bill in this cause was filed to restrain the sale of three lots in Brooklyn, which were advertised by the defendant Cotheal, under the powers of sale contained in three several mortgages executed thereon by John Webster and Lydia his wife. It appeared that the wife of Webster was seised of the lots in fee, that she died intestate and without issue on the 24th of May, 1832, and that the complainants are her heirs at law. On the 8th of May, 1832, John Webster borrowed $1200 of one Bergen, $600 of J. Wyckoff’s administrators, and $1000 of W. Ellsworth ; to secure which sums he gave his bond…
1Opinion of the Court
The Assistant Vice-Chancellor.
S. W. became the assignee of the three bonds and mortgages in question in June, 1833, and did not part with the title of either of them until November, 1834. On the 15th day of October, 1833, he executed a ■certificate to Webster, the mortgagor, declaring that he held the mortgages in trust for Webster and subject to his order and control. The mortgages therefore belonged in equity, to John Webster in October, 1833. The lands mortgaged were the estate of his wife. His interest in them terminated upon her death in May, 1832, and they descended to her heirs. As…
2Cited by2 opinions
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Hassey v. WilkeCalifornia Supreme Court · 1880