Firemen's Insurance v. Bay
New York Supreme Court
In Equity. This suit was commenced in the court of chancery, by bill filed before the late vice chancellor of the third circuit, for the purpose of foreclosing two mortgages on land lying in the city of Albany.
Read the full summary
In Equity. This suit was commenced in the court of chancery, by bill filed before the late vice chancellor of the third circuit, for the purpose of foreclosing two mortgages on land lying in the city of Albany. The land consisted of building lots, and was bounded on the south by Washington-slreet, on the west by Swan-street, on the north by Elk-street, and on the east by the house and lot formerly owned by Jabez D. Hammond, excepting the house and lot on the comer of Swan and Washington-stveets. The easternmost of the lots mortgaged, known as lot No. 1, was owned in her own right by Gertrude…
1Opinion of the Court
By the Court, Parker, J.
No question arises for our determination, as to lot No. 2. That was owned by Mrs. Eliza Bay, in fee, and the mortgage being executed by her and her husband, and duly acknowledged by her as a feme covert, created a valid lien on that lot. But it is contended, on the part of the defendants, that the mortgage is void as to the other lots, on the grounds that Richard S. Treat did not join with his wife in the mortgages, and that the trustees were not authorized to execute such mortgages. The first ground is the one principally relied on by the defendants’ counsel, and is…
2Cases cited8 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Dyett v. North American Coal Co.New York Supreme Court · 1838
- Gardner v. GardnerNew York Court of Chancery · 1838
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Coon v. BrookNew York Supreme Court · 1856
- Cowles v. MorganSupreme Court of Alabama · 1859
- Colvin v. CurrierNew York Supreme Court · 1856
- Stevenson v. CraigNebraska Supreme Court · 1882
4 more not listed; retrieve them via the Exa API.