Legal Opinion

Burnet v. Denniston

New York Court of Chancery

Decided January 1, 1821PublishedCited by 13 opinions

THE bill, filed 13th of January, 1813, by Robert B. Bur-net, Samuel Finley, John M‘Lean, and John M‘Cloughry, stated, that John M- Cloughry, one of the plaintiffs, being seized in fee of a remainder in fee of a lot of land, of which/ his father was tenant for life, at Little Briton, in Nezo-WincL sor, containing 70 acres, on the 15th of March, 1796, executed a mortgage to George Denniston, to, secure the payment of 187 dollars and 50 cents, and on the 15 th of July, 1801,…

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THE bill, filed 13th of January, 1813, by Robert B. Bur-net, Samuel Finley, John M‘Lean, and John M‘Cloughry, stated, that John M- Cloughry, one of the plaintiffs, being seized in fee of a remainder in fee of a lot of land, of which/ his father was tenant for life, at Little Briton, in Nezo-WincL sor, containing 70 acres, on the 15th of March, 1796, executed a mortgage to George Denniston, to, secure the payment of 187 dollars and 50 cents, and on the 15 th of July, 1801, another mortgage to the same person of the same land, to secure the payment of the further sum of 125 dollars ; and which…

1Opinion of the Court

The Chancellor.

The three first plaintiffs and the heirs of John M‘Cloughry, who was one of the plaintiffs in the original bill, seek to redeem the premises, being about 70 acres of land purchased and possessed by the defendant W. G. Denniston. Those three plaintiffs claim to be judgment creditors of John M'-Cloughry, the mortgagor, by virtue of an assignment of a judgment of J. Goldsmith, against John M‘C., and they claim to be subsequent mortgagees, by virtue of a deed to them from John M‘C., of the 70 acres, and a certificate from them that the land was to be released on the payment of 111…

2Cited by13 opinions

  1. Twombly v. . CassidyNew York Court of Appeals · 1880
  2. Gower v. WinchesterSupreme Court of Iowa · 1871
  3. Miller v. FinnNebraska Supreme Court · 1871
  4. Renard v. BrownNebraska Supreme Court · 1878
  5. Reedy v. MillizenIllinois Supreme Court · 1895

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