Legal Opinion

Green v. Storm

New York Court of Chancery

Decided February 27, 1846PublishedCited by 1 opinion

This was a foreclosure suit, commenced on the 8th of March, 1844, by the complainants and their mother, Mary Green. The bill was amended in August following, after the death of Mary Green. Besides'the mortgagors, Hugh O’Daniel, a subsequent mortgagee; Gershom Sellick, a receiver in a judgment creditor’s suit against S. Storm, the mortgagor; and other incumbrancers, Were made defendants.

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This was a foreclosure suit, commenced on the 8th of March, 1844, by the complainants and their mother, Mary Green. The bill was amended in August following, after the death of Mary Green. Besides'the mortgagors, Hugh O’Daniel, a subsequent mortgagee; Gershom Sellick, a receiver in a judgment creditor’s suit against S. Storm, the mortgagor; and other incumbrancers, Were made defendants. The facts ascertained by the court, so far as they were deemed important, may be thus stated : Samuel Storm and wife, in 1831, mortgaged the premises in question, to Timothy R. Green to secure $2500, advanced…

1Opinion of the Court

The Assistant Vice-Chancellor

The objection made to the complainants paper title to the mortgage set forth in the bill, is obviated by the production of the letters testamentary issued to Mary Green. This makes the legal title to the mortgage complete in the three complainants who filed the bill originally.

The question as to the abatement of the suit by Mrs. Green’s death, during its pendency, so far as her third part of the mortgage is concerned, was first made at the hearing; and upon the surviving complainants, undertaking to give effect to the rights of her legal representative, (such…

2Cases cited1 opinion

  1. Westervelt v. People ex rel. SearsNew York Supreme Court · 1838

3Cited by1 opinion

  1. Hill v. RobertsSupreme Court of Alabama · 1888

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