Lawrence v. Murray
New York Court of Chancery
This was an appeal from the decision of a vice chancellor on a question of interest arising upon the sale of mortgaged premises under a decree of the court. The premises consisted of two lots, and the same were ordered to be sold in parcels.
Read the full summary
This was an appeal from the decision of a vice chancellor on a question of interest arising upon the sale of mortgaged premises under a decree of the court. The premises consisted of two lots, and the same were ordered to be sold in parcels. On the day of sale, one of the lots was put up and sold for $8,700. This being insufficient to pay the whole amount due, the master, at the request of the defendants and with the consent of the complainant, adjourned the sale, and finally postponed it indefinitely. The purchase .money on the sale of the first lot was received by the master shortly after…
1Opinion of the Court
The Chancellor.
There is no valid objection to the form in which the question, in this case, ivas brought before the vice chancellor. The master’s report of the sale, and as to the payment of the proceeds, is always made up and filed by him without giving the parties any opportunity to present objections to the draft of the report. A party may therefore apply to the court, in the first instance, to correct any error which has been made in paying over the proceeds of the sale.
Where a party contracts with his debtor for the payment of a sum in gross, with interest, the debtor cannot compel him…
2Cited by3 opinions
- Pinkard v. IngersollSupreme Court of Alabama · 1847
- Davidson v. Mo. Pac. R'y Co.Court of Appeals of Texas · 1886
- Gray v. GriswoldNew York Supreme Court · 1852