Rogers v. Murray
New York Court of Chancery
In September, 1786, N. Seely, who was then the owner of lot No. 8, in the Queensbury patent, containing 250 acres of land, mortgaged the same to the Old Loan Officers of the county of Washington, to secure the payment of =£32. One hundred acres of this lot was purchased by Reuben Morgan, in May, 1797, and a conveyance was taken to himself -in fee ; and the residue of the lot passed into the hands of other purchasers.
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In September, 1786, N. Seely, who was then the owner of lot No. 8, in the Queensbury patent, containing 250 acres of land, mortgaged the same to the Old Loan Officers of the county of Washington, to secure the payment of =£32. One hundred acres of this lot was purchased by Reuben Morgan, in May, 1797, and a conveyance was taken to himself -in fee ; and the residue of the lot passed into the hands of other purchasers. By some arrangement with the former owner of the lot, but which did not distinctly appear in this case, the one hundred acres in the hands of Morgan became equitably liable to…
1Opinion of the Court
The Chancellor.
Although the property in this case was
sold for a very small sum, when compared with its real value, yet having been sold at public auction, under a special law which allowed to the loan officers no discretion on the subject provided enough was bid to pay the amount due with interest and costs, the sale cannot be disturbed, if there was no fraud in • the case, and if all the requirements of the law have been complied with. The defendants, by their answers, deny all fraud ; and I see nothing in the evidence to contradict this denial on their part, as to any actual and intended…
2Cases cited1 opinion
- Jackson ex dem. Limerick v. VoorhisNew York Supreme Court · 1812
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- Whiting v. GouldWisconsin Supreme Court · 1853
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