Harris v. Fly
New York Court of Chancery
The bill in this cause was filed to foreclose a mortgage given by the defendant Fly, to the complainant, upon a farm in Greenbush; and the defendants, A. Drum and John Heaxt and wife, were made parties, on the ground of some supposed interest they had in the premises, or claimed to have therein, as prior incumbrancers under the will of Nicholas Drum, deceased.
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The bill in this cause was filed to foreclose a mortgage given by the defendant Fly, to the complainant, upon a farm in Greenbush; and the defendants, A. Drum and John Heaxt and wife, were made parties, on the ground of some supposed interest they had in the premises, or claimed to have therein, as prior incumbrancers under the will of Nicholas Drum, deceased. It appeared by the bill, and the answers of those defendants, that N. Drum, who died in 1815, was seized of the premises at the time of his death. By his will he devised the same to his son, A. Drum, in fee, subject to the life estate…
1Opinion of the Court
The Chancellor.
The reference to a master previous to the hearing, to compute the amount due to the mortgagee and to prior incumbrancers, is only authorized to be entered where the rights of the complainant, as stated in the bill, are admitted by the answer. Where the defendants, therefore, by their answer, set up a claim of priority which is adverse *424to the claim of the complainant as made by his bill, the master is not authorized to settle the question of priority. If ho makes any report whatever on the subject of such claim, therefore, he should merely ascertain the amount due upon the…
2Cases cited1 opinion
- Marsh v. WheelerNew York Court of Chancery · 1834
3Cited by79 opinions
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Brown v. . KnappNew York Court of Appeals · 1879
- Farmers' Loan Trust Co. v. . KipNew York Court of Appeals · 1908
- Lindsey v. LindseyIndiana Supreme Court · 1874
- Bredell v. CollierSupreme Court of Missouri · 1867
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