Davis v. Duffie
The Superior Court of New York City
Trial by the court. This action was brought by Smith Davis and Brian Beilly (for the latter of whom Oliver Davis was afterwards substituted) against Cornelius E. Duffie, Jonas Conklin, Gerardus A. 0. Van Beuren, William V. Brady, Thaddeus Sherman, Senior, Thaddeus Sherman, Junior, Edgar M. Brown, The East Eiver Savings Institution, and John W. Mitchell, impleaded with others.
Read the full summary
Trial by the court. This action was brought by Smith Davis and Brian Beilly (for the latter of whom Oliver Davis was afterwards substituted) against Cornelius E. Duffie, Jonas Conklin, Gerardus A. 0. Van Beuren, William V. Brady, Thaddeus Sherman, Senior, Thaddeus Sherman, Junior, Edgar M. Brown, The East Eiver Savings Institution, and John W. Mitchell, impleaded with others. The plaintiff Smith Davis was seized of the premises in question in this cause, and on the 8th of March, 1838, executed a mortgage thereof to the defendant, Cornelius E. Duffie. He was convicted of forgery and sentenced…
1Opinion of the CourtHoffman, J.
The case has been several times before me, at different stages, and" I may recapitulate briefly the points de*365cided, and state those which are now decided upon the final judgment.
The assignees or grantees of Duffie, "by the various conveyances, or their grantees, in possession, were necessary parties to the bill to redeem. Lord Hardwicke once decided, that where the mortgagee had purposely complicated the case, and embarrassed the mortgagor by numerous conveyances, the court will relieve the mortgagor from the necessity of making all parties. (2 Atkyns' R., 237.) But, subject to such an…
2Cases cited4 opinions
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Webb v. PellNew York Court of Chancery · 1829
- Fitch v. SmithNew York Court of Chancery · 1842
- Dias v. MerleNew York Court of Chancery · 1833
3Cited by2 opinions
- Galehouse v. Minneapolis, St. Paul, & S. S. M. R. Co.North Dakota Supreme Court · 1912
- Shoecraft v. BeardNevada Supreme Court · 1888