King v. Stow
New York Court of Chancery
HENRY BAGLEY, on the 17th of August, 1808, mortgaged to the Loan Officers of Essex county, fifty acres of land, in the town of Crown Point, to secure a loan of seventy-four dollars, under the act of the 11th of April, 1808. The interest was regularly paid up to the first Tuesday of May, 1817. The mortgaged premises were purchased by the plaintiff, upon execution, in 1817, for fifty dollars, under a judgment of the 17th of July, 1815, against Bagley, in favour of David…
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HENRY BAGLEY, on the 17th of August, 1808, mortgaged to the Loan Officers of Essex county, fifty acres of land, in the town of Crown Point, to secure a loan of seventy-four dollars, under the act of the 11th of April, 1808. The interest was regularly paid up to the first Tuesday of May, 1817. The mortgaged premises were purchased by the plaintiff, upon execution, in 1817, for fifty dollars, under a judgment of the 17th of July, 1815, against Bagley, in favour of David Comfort. The interest due on the mortgage, on the first Tuesday of May, 1818, was not paid, and the mortgaged premises became…
1Opinion of the Court
The Chancellor.
The plaintiff contends, that the sale by the commissioners was void, for the following reasons :
1. Because, Isaac Finch, one of the commissioners, was not present with the other when the order for the advertisement, and the sale, in pursuance thereof, were made.
3. Because, there was not a proper entry in the book, by the commissioners, of their proceedings in relation to the Sale.
3. Because, the advertisement of the sale was not duly published, as the act required. £
1. It is admitted in the case, that the yearly interest, due in May, 1818, was not paid, and the commissioners,…
2Cases cited1 opinion
- Denning v. SmithNew York Court of Chancery · 1818
3Cited by6 opinions
- White v. LesterNew York Court of Appeals · 1864
- Danforth v. PerryAppellate Court of Illinois · 1886
- Lessee of Weitzell v. FrySupreme Court of Pennsylvania · 1800
- United States v. LenoxU.S. Circuit Court for the District of Southern New York · 1827
- White v. LesterNew York Court of Appeals · 1864
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