Dale v. M'Evers
Court for the Trial of Impeachments and Correction of Errors
Appeal from the Court of Chancery. The respondents are the executors of Hugh Williamson, deceased, who was the assignee of a mortgage given by Robert Fulton to one Bonsall, in June, 1814, upon certain lots in the city of New York. , Pending the proceedings which had been instituted in the Court of Chancery, for the purpose of foreclosing the mortgage, the corporation of the city of New York, under the authority vested in them, for the purpose of opening and laying out…
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Appeal from the Court of Chancery. The respondents are the executors of Hugh Williamson, deceased, who was the assignee of a mortgage given by Robert Fulton to one Bonsall, in June, 1814, upon certain lots in the city of New York. , Pending the proceedings which had been instituted in the Court of Chancery, for the purpose of foreclosing the mortgage, the corporation of the city of New York, under the authority vested in them, for the purpose of opening and laying out streets, (2 R. L. 408, 409, &c.,) imposed upon the mortgaged premises an assessment of $1485 92, which not having been paid by…
1Opinion of the CourtWoodworth, J.
gave his opinion nearly as follows:— This cause having been heard in the Court below) upon the" pleadings, the defence set up in'the answer must be taken as trueand the only question is, whether the respondents are to be reimbursed what they paid, as bidders and purchasers at the auction.1,
Answer must be taken as true.
Tax equivalent to a senior mortgage or judgment.
The corporation had a right to impose this tax, and when" laid, it be came a lien on the lots, overreaching the' mortgage of the respondents. (2 R. L. 420, s. 186. Id. 442, s. 259.) . It was, as'to therh,-equivalent to aseriior…
2Cited by11 opinions
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Snyder v. MartinWest Virginia Supreme Court · 1880
- Trustees for the Support of Public Schools v. Inhabitants of TrentonSupreme Court of New Jersey · 1879
- Parton v. PrangU.S. Circuit Court for the District of Massachusetts · 1872
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