Snyder v. Stafford
New York Court of Chancery
This was an appeal by John E. Taylor and James P. Cra-mer, from an order of the vice chancellor of the fourth circuit, made in this cause upon the application of the respondent Amos Stafford, setting aside a master’s sale.
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This was an appeal by John E. Taylor and James P. Cra-mer, from an order of the vice chancellor of the fourth circuit, made in this cause upon the application of the respondent Amos Stafford, setting aside a master’s sale. The bill was filed on the 20th of March, 1843, to foreclose a mortgage given by R, Stafford, to the complainant J. Snyder, in September, 1842, upon a farm of 64 acres in the town of Saratoga, and upon a village lot in Schuylerville, to secure the payment of $51641 and interest; which mortgage was given for the purchase money of the farm. The mortgagor and his wife, and two…
1Opinion of the Court
The Chancellor.
I think the vice chancellor erred in this case, in supposing that the master who made the sale was incompetent to act on account of his connection by affinity with Conrad Cramer. In the first place, C. Cramer was not a party to the suit, nor was he a party in interest in the sale of the mortgaged premises, or in the proceeds of the sale. ' He had indeed become security for J. P. Cramer for the payment, to the-complainant, of the amount of the purchase money agreed to be paid upon the assignment of the decree. He was also security, that J. P. Cramer would indemnify the assignor…
2Cited by8 opinions
- Page v. RogersCalifornia Supreme Court · 1866
- Livingston v. . MildrumNew York Court of Appeals · 1859
- Hart v. WingartIllinois Supreme Court · 1876
- Husted v. DakinNew York Supreme Court · 1857
- Shepard v. O'NeilNew York Supreme Court · 1848
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