Bank of Orleans v. Flagg
New York Court of Chancery
This was an appeal by N. A. Graves, one .of the defendants in this cause, from a decree of the vice chancellor of the eighth circuit.
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This was an appeal by N. A. Graves, one .of the defendants in this cause, from a decree of the vice chancellor of the eighth circuit. The facts of the case, as they appeared upon the pleadings and proofs, were as follows: James M. Flagg was the owner of a house and lot in the village of Albion, Orleans county, which he had leased to N. Bedell for a year, to commence on the first of May, 1842. On the 18th of April, 1842, Flagg entered into an agreement, in u riling, to sell the premises to Graves for $1150; of which $100 was paid at the execution of the agreement, and the residue was to be…
1Opinion of the Court
The Chancellor.
The bill in this cause was not proper ly framed to enable the complainants to litigate the question whether they were entitled to a preference over the contract of Graves, as bona fide mortgagees, without notice of his rights. To enable them to litigate that question, instead of alleging, falsely, that he had or claimed some interest in the premises, which had accrued subsequent to their mortgage, the bill should have stated that he claimed an interest under a contract or a pretended contract to purchase, prior to the mortgage. • And then the complainants should have alleged…
2Cited by9 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Randall v. LingwallOregon Supreme Court · 1903
- Rayburn v. DavissonOregon Supreme Court · 1892
- Wade v. . StreverNew York Court of Appeals · 1901
- Holmes v. AbbottNew York Supreme Court · 1889
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