Wood v. Moorhouse
New York Supreme Court
"■ O® ;tlié 5th" October, l"835,'the premises in question in this suit were owned" bj Daniel Kellogg. On that day he conveyed them to, Richard S. Corning, taking from the latter a mortgage on said premises to secure $7,656.08 of the purchase money, payable in six equal annual installments, with interest. On the 2d December, 1837, Corning conveyed said premises to Theodore and Junius Wood, subject to said mort- gage.
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"■ O® ;tlié 5th" October, l"835,'the premises in question in this suit were owned" bj Daniel Kellogg. On that day he conveyed them to, Richard S. Corning, taking from the latter a mortgage on said premises to secure $7,656.08 of the purchase money, payable in six equal annual installments, with interest. On the 2d December, 1837, Corning conveyed said premises to Theodore and Junius Wood, subject to said mort- gage. In May, 1836, said Kellogg died, leaving a will, in which Leitch, Kellogg and Comstock were appointed executors. The will was duly proved, and the executors took upon themselves…
1Opinion of the Court
Present —Bacon, Foster, Mullin and Morgan, JJ.
By the Court
Mullin, J.
The heirs of Theodore Wood were indispensable parties to the action to foreclose the mortgage given by Corning to Kellogg; and not having been made sach, the foreclosure as to them was of no force or effect whatever. (Story’s Eq. Pl., 196.)
The plaintiff’s right to redeem, therefore, is perfect if their title was not cut off by the sale under the Pratt judgment, the redemption by Davis, and conveyance by the sheriff.. The grounds relied on to invalidate the sale, and subsequent proceedings of the sheriff, and the proceedings…
2Cases cited8 opinions
- Waller v. HarrisNew York Supreme Court · 1838
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Cunningham v. . CassidyNew York Court of Appeals · 1858
- Olcott v. . RobinsonNew York Court of Appeals · 1860
- Nichols v. ChapmanNew York Supreme Court · 1832
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3Cited by7 opinions
- Conley v. RedwineSupreme Court of Georgia · 1900
- Rooker v. RookerIndiana Supreme Court · 1881
- Holman v. HolmanNew York Supreme Court · 1872
- Phillips v. ShifferNew York Supreme Court · 1873
- Hargin v. RaynorNew York Supreme Court · 1895
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