M'Gown v. Yerks
New York Court of Chancery
BILL to foreclose a mortgage. The defendants, in their answer, stated, that they derived title to, and owned only two fifths of the mortgaged premises, by the will of their father, by which legacies were given to other persons, charged upon the whole mortgaged premises.
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BILL to foreclose a mortgage. The defendants, in their answer, stated, that they derived title to, and owned only two fifths of the mortgaged premises, by the will of their father, by which legacies were given to other persons, charged upon the whole mortgaged premises. The cause was set down for hearing, upon the bill and answer, and a reference ordered, and, upon coming in of the master’s-report computing the amount due on the mortgage, and the cause being heard for further directions, the defendants ■objected, that the legatees ought to have been made parties; and it was agreed, that the…
1Opinion of the Court
The Chancellor.
These legatees, whose legacies, as stated in the answer, were a prior encumbrance, ought to be made parties, in order to prevent a sale of the premises from being deceptive or embarrassing to the purchaser, and injurious to the rights of the defendants, and to enable "the plaintiffs, if necessary, to redeem the land from the *451prior encumbrance. In cases of a strict technical foreclosure, there may be no injury in leaving a prior encumbrance undisturbed, but, where the land is to be sold, it would seem to be essential to the interests of all concerned, and necessary, to prevent a…
2Cases cited1 opinion
- Ensworth v. LambertNew York Court of Chancery · 1820
3Cited by6 opinions
- The HudsonDistrict Court, S.D. New York · 1883
- Chase v. SearlesSupreme Court of New Hampshire · 1864
- Hutchinson v. ReedNew York Court of Chancery · 1840
- Sutherland v. Lake Superior Ship Canal, Railroad & Iron Co.U.S. Circuit Court for the District of Eastern Michigan · 1874
- Steinhardt v. CunninghamNew York Supreme Court · 1890
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