Wilson v. Troup
New York Court of Chancery
THE bill, which was filed by the children and heirs at law of William Wilson, deceased, stated, that W. Wilson, some time previous to the 6th of October, 1796, contracted with Charles Williamson for the purchase of 6000 acres of land ; that W. W., on the 6th of October, 1796, executed a power of attorney to Daniel Faulkner, for and in the name of W. W., to ask, demand and receive of C. W., deeds for the 6000 acres of land, (describing it,) and “ to sign, seal, deliver and…
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THE bill, which was filed by the children and heirs at law of William Wilson, deceased, stated, that W. Wilson, some time previous to the 6th of October, 1796, contracted with Charles Williamson for the purchase of 6000 acres of land ; that W. W., on the 6th of October, 1796, executed a power of attorney to Daniel Faulkner, for and in the name of W. W., to ask, demand and receive of C. W., deeds for the 6000 acres of land, (describing it,) and “ to sign, seal, deliver and acknowledge, a mortgage or mortgages of the before mentioned 6000 acres, to the said C. W,, and "bonds, to the amount of…
1Opinion of the Court
The Chancellor.
The great and leading point in the case, is, whether the sale of the mortgaged premises, under the power contained in the mortgage, was duly made under a competent power.
If this point be determined in favour of the sale, it will be unnecessary to examine, whether there was any sufficient ground to consider Wilson as having abandoned or waived, by his acts and acquiescence, prior to the sale, his equity of redemption in the mortgaged premises, so as to have excluded himself and his representatives from a right to redeem.
A power SudeYYí thorizet0 mortgagee sell, in default of…
2Cited by6 opinions
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Aspy v. BotkinsIndiana Supreme Court · 1903
- Bancroft v. AshhurstSupreme Court of Pennsylvania · 1860
- Massari v. GirardiNew York Supreme Court · 1922
- Lockett v. HillU.S. Circuit Court for the Northern District of Georgia · 1874
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