Howard Insurance v. Halsey
The Superior Court of New York City
This was a suit to foreclose a mortgage, commenced by bill ip the supreme court. The facts appearing in the case were as follows: Stephen A. Halsey and wife, on the 17th of April, 1887,. mortgaged to the plaintiffs about 292 acres of land in the town of Greenburgh, Westchester county, to secure the payment of $6000 on the 1st January, 1888, with interest, from date.
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This was a suit to foreclose a mortgage, commenced by bill ip the supreme court. The facts appearing in the case were as follows: Stephen A. Halsey and wife, on the 17th of April, 1887,. mortgaged to the plaintiffs about 292 acres of land in the town of Greenburgh, Westchester county, to secure the payment of $6000 on the 1st January, 1888, with interest, from date. Halsey and wife, the mortgagors, on the 10th May, 1888, conveyed 92 acres of the mortgaged premises to the defendant, George Wildes, by a warranty deed with full covenants. The 92 acres were conveyed as if free from incumbrances,…
1Opinion of the Court
By the Court.
Duer, J.
It may be true, as Mr. Justice Story has suggested, that some exceptions from the equitable doctrine upon which this defence is rested, ought to be admitted ; but the doctrine, as supplying a general rule, has been too firmly established by repeated decisions to be now shaken; nor is it pretended that there are any circumstances in the present case that can lay a ground for an exception. The doctrine is, that when a mortgagor sells a portion of the lands which the *571mortgage covers, those which he retains become primarily liable for the satisfaction of the debt, those which…
2Cases cited1 opinion
- Cornell v. CookNew York Supreme Court · 1827