Douw v. Shelden
New York Court of Chancery
The bill in this cause was filed to foreclose a mortgage given by the defendants to the complainant, conditioned to pay $600 at the expiration of two years from the date, with interest semi-annually.
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The bill in this cause was filed to foreclose a mortgage given by the defendants to the complainant, conditioned to pay $600 at the expiration of two years from the date, with interest semi-annually. At the time of filing the bill, and at the hearing, there was only $42 due for one year’s interest on the bond and mortgage; but the master reported that the mortgaged premises were so situated that they could not be sold in parcels, and that the defendant was in possession and was insolvent. The only question was whether the court was authorized to make any, and if any, what decree, on the bill…
1Opinion of the Court
The Chancellor.
Previous to the adoption of the present revised statutes it was the settled law of this court that it would not entertain jurisdiction of a cause where the matter in controversy, and for which the suit was brought, was less than £10 sterling. It was so held by Chancellor Sanford in Mitchell v. Tighe, (1 Hopk. Rep. 119,) in a case like the present, where one year’s interest only was due on a mortgage for $500 ; the principal of which had not then become payable. And in Fullerton v. Jackson, (5 Johns. Ch. Rep. 276,) on a bill filed for $28 interest due on a legacy of $200,…
2Cases cited1 opinion
- Fullerton v. JacksonNew York Court of Chancery · 1821
3Cited by9 opinions
- Vaughn v. ElyNew York Supreme Court · 1848
- Cobine v. St. JohnNew York Supreme Court · 1856
- Allen v. DemarestNew Jersey Court of Chancery · 1886
- Church v. IdeNew York Court of Chancery · 1841
- Dubovy v. WoolfSupreme Judicial Court of Maine · 1928
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