Starr v. Ellis
New York Court of Chancery
ON the 30th May, 1812, Stephen Sanford mortgaged lot No. 18, in the second ward, in Albany, to James Jordan, to secure the payment of 1000 dollars. On the third of January, 1815, a judgment was duly docketted in favour oí Joseph Palmer, against Sanford, for 14,013 dollars and 68 cents, and which became, a lien on lots 17 and 18, owned by Sanford, subject to the mortgage.
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ON the 30th May, 1812, Stephen Sanford mortgaged lot No. 18, in the second ward, in Albany, to James Jordan, to secure the payment of 1000 dollars. On the third of January, 1815, a judgment was duly docketted in favour oí Joseph Palmer, against Sanford, for 14,013 dollars and 68 cents, and which became, a lien on lots 17 and 18, owned by Sanford, subject to the mortgage. On the 18th of September, 1815, Sanford mortgaged lot No. 17, bounded east by lot No. 18, to the plaintiff, to secure the payment of a bond for 4680 dollars; and on the 11th of October, 1815, Palmer, in favour of the…
1Opinion of the Court
The Chancellor.
The merits of this case tarn upon the question, whether the Jordan mortgage, which the defendant, S. E., bought in, and afterwards assigned to the defendant, C. E., can be set up against the plaintiff’s right- and title to lot No. 18.
The object of the bill is to have that mortgage delivered up and cancelled, as being merged, upon the union of the legal and equitable titles in the defendant, S. Ellis, when he purchased in Jordan's mortgage, and as being since kept on foot, and assigned and set up, in fraud¡of the plaintiff’s title.
1. I see no manner of reason, why the Jordan…
2Cases cited1 opinion
- Gardner v. AstorNew York Court of Chancery · 1817
3Cited by11 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Atherton v. ToneyIndiana Supreme Court · 1873
- Kinkead v. RyanSupreme Court of New Jersey · 1903
- Zook v. ClemmerIndiana Supreme Court · 1873
- Oregon & W. Trust Inv. Co. v. ShawU.S. Circuit Court for the District of Oregon · 1878
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