Denning v. Smith
New York Court of Chancery
BILL, filed 22d of September, 1815, stating that the plaintiff, • William Denning, on 'the '6th of February, 1812, obtained a judgment in the S. C. against Henry Pers'en, on a bond conditioned for 777 dollars and 79 cetits. That II.
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BILL, filed 22d of September, 1815, stating that the plaintiff, • William Denning, on 'the '6th of February, 1812, obtained a judgment in the S. C. against Henry Pers'en, on a bond conditioned for 777 dollars and 79 cetits. That II. P. and his two "sons JL. ánd J., being indebted to the •plaintiff, Joseph Klein,' in 400 dollars, gave him a mortgage on lot No. 11, and pártof lot No. 14, containing 125 acres situate in Cairo, in Greene, county; arid the mortgage Was recorded the 13th of February, 1812. That J. K. had also a’judgment against them, docketed the 1st of February, 1812, for one…
1Opinion of the Court
The case stood over for consideration to this day, when the following opinion was delivered.
The Chancellor.
1. The first and most essential object of inquiry in this case is, how far the provisions-of the statute have been disregarded or violated by the Com*337missioners in the sale in question. It will accordingly be necessary to examine all the circumstances of the notice and sale, to ascertain this matter of fact..The commashcToms under 31? ch.’ 21&) are, in case of default on the part oi the mortgagor, whereby they became seized of the premises clear of the equity of redemption, trustees for…
2Cited by17 opinions
- Brinckerhoff v. LansingNew York Court of Chancery · 1819
- Brown v. OggIndiana Supreme Court · 1882
- Axman v. SmithSupreme Court of Missouri · 1900
- Kramer v. BlairSupreme Court of Virginia · 1891
- Ochenkowski v. DunajAppellate Division of the Supreme Court of the State of New York · 1931
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