Legal Opinion

Hawley v. Bradford

New York Court of Chancery

Decided May 4, 1841PublishedCited by 33 opinions

This case came before the court upon an exception to a master’s report in relation to the rights of the several defendants in the surplus monies upon a sale of mortgaged premises. H. Bradford, who died before the decree of foreclosure, was the original owner of the premises, and mortgaged them to secure the payment of a debt due from himself • and. his wife Jane Bradford joined with him in the mortgages.

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This case came before the court upon an exception to a master’s report in relation to the rights of the several defendants in the surplus monies upon a sale of mortgaged premises. H. Bradford, who died before the decree of foreclosure, was the original owner of the premises, and mortgaged them to secure the payment of a debt due from himself • and. his wife Jane Bradford joined with him in the mortgages. Six judgments were recovered against H. Bradford in his lifetime, which were liens upon the equity of redemption in the mortgaged premises ; amounting to more than the whole surplus raised on…

1Opinion of the Court

The Chancellor.

It is settled law that where the wife pledges her separate estate, or the reversionary interest in her real property, for the debt of her husband, she is entitled to the ordinary rights and privileges of a surety. (Clancy’s Husb. and Wife, 589. Neimcewicz v. Gahn, 3 Paige’s Rep. 614. 11 Wend. 312, S. C.) If the same principle is to be applied to the case of the wife joining in a mortgage of the real estate of the husband, for the purpose of barring her contingent right of dower therein, the claim of the exceptant in this case must be sustained. For the equitable claim of the…

2Cited by33 opinions

  1. Vartie v. UnderwoodNew York Supreme Court · 1854
  2. Silberman v. Jacobs & SilbermanCourt of Appeals of Maryland · 1970
  3. Green v. ScranageSupreme Court of Iowa · 1865
  4. Hewitt v. CoxSupreme Court of Arkansas · 1891
  5. Jones v. JonesWisconsin Supreme Court · 1888

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