De Ruyter v. Trustees of St. Peter's Church
New York Court of Chancery
This was an appeal, by the petitioner Mary Ann Ely, from an order of the vice chancellor of the first circuit, denying the appellant’s petition with costs. ' The petitioner stated, among other things, that she was one of’the members of a religious society devoted to the education and .amelioration of the condition of the children of.poor and .indigent parents;; .that about five-years ¡before - the giving-.,of the mortgage-upon the ’house and lot. in Bar¿Iay-streét,in the…
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This was an appeal, by the petitioner Mary Ann Ely, from an order of the vice chancellor of the first circuit, denying the appellant’s petition with costs. ' The petitioner stated, among other things, that she was one of’the members of a religious society devoted to the education and .amelioration of the condition of the children of.poor and .indigent parents;; .that about five-years ¡before - the giving-.,of the mortgage-upon the ’house and lot. in Bar¿Iay-streét,in the city of’New-York, to the complainant in this cause, the trustees of St. Peter’s church, - a religious corporation which…
1Opinion of the Court
The Chancellor.
The equitable interest of the appellant, m the property sold under the decree in this cause, if she had any, was prior to the execution of the complainant’s mort gage. And as her petition states that she was in possession of the premises at that time, under her agreement with the trustees of the corporation, and down to the time of the sale by the master, the complainant and the purchaser at the master’s sale were bound to take notice of her equitable rights, if any such existed; such possession being constructive notice to them. (Chesterman v. Gardner, 5 John. Ch. Rep. 29.…
2Cases cited1 opinion
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by6 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- McKernan v. NeffIndiana Supreme Court · 1873
- Massey v. HubbardSupreme Court of Florida · 1882
- Prosper v. SmithMontana Supreme Court · 1923
- Bassett v. WoodNew York Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.