Giddings & Coleman v. Eastman
New York Court of Chancery
This was an appeal from a decree of a vice chancellor. The bill, which was filed in 1827, in the equity court of the •eighth circuit, alleged that on the 10th of December, 1804, B. Van Norman gave to the complainants four promissory notes, of $150 each, payable on demand, with interest, and that on the 4th of April thereafter, to secure the payment of these notes, he mortgaged to the complainants a lot of land in Batavia, containing two acres, which mortgage, in 1807, was…
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This was an appeal from a decree of a vice chancellor. The bill, which was filed in 1827, in the equity court of the •eighth circuit, alleged that on the 10th of December, 1804, B. Van Norman gave to the complainants four promissory notes, of $150 each, payable on demand, with interest, and that on the 4th of April thereafter, to secure the payment of these notes, he mortgaged to the complainants a lot of land in Batavia, containing two acres, which mortgage, in 1807, was recorded in the book of deeds in Genesee county; that, in 1808, Van Norman conveyed the mortgaged premises to J» Hickcox,…
1Opinion of the Court
The Chancellor.
The question does not properly arise, on this appeal, whether Blanchard took the conveyance from Hickcox as the attorney and agent of the complainants. It is very evident, however, that such was the legal result of the transaction proved in this case-. In reference to this question, it is perfectly immaterial whether there was legal proof of the actual execution of the mortgage, a copy of which was inserted in the book of deeds, or whether Blanchard had the original mortgage in his possession at the time he took the conveyance of the equity of redemption to himself It was…
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