Johnson v. Fitzhugh
New York Court of Chancery
This was an appeal by Fitzhugh, one of the defendants, from an order of the vice chancellor of the fifth circuit, denying the application of the defendant Fitzhugh, to set aside the docket of a decree, in the books of the clerk of tills court, made on the 12th of June, 1843. The hill in this cause was filed to foreclose a mortgage, given by Fitzhugh and wife, and to obtain satisfaction of a debt which was also secured by the personal bond of Fitzhugh, dated in 1836. In…
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This was an appeal by Fitzhugh, one of the defendants, from an order of the vice chancellor of the fifth circuit, denying the application of the defendant Fitzhugh, to set aside the docket of a decree, in the books of the clerk of tills court, made on the 12th of June, 1843. The hill in this cause was filed to foreclose a mortgage, given by Fitzhugh and wife, and to obtain satisfaction of a debt which was also secured by the personal bond of Fitzhugh, dated in 1836. In January, 1843, Fitzhugh presented his petition for a discharge under the voluntary provisions of the bankrupt act, and was…
1Opinion of the Court
The Chancellor.
The decree in this case was undoubtedly irregular, as the assignee in bankruptcy was not brought before the court. And if the defendant was personally liable for the deficiency after his discharge subsequent, to that decree, and if he had applied within a reasonable time after he had notice of the entry of a decree for the sale of the mortgaged premises, he would have been entitled to have such decree set aside. As I understand the case, the title to the equity of redemption in the mortgaged premises, .was in Fitzhugh at the time of the filing of the bill in this cause, and he…
2Cited by9 opinions
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- Eberhardt v. WoodCourt of Appeals of Tennessee · 1875
- Haggerty v. AmoryMassachusetts Supreme Judicial Court · 1863
- Harris v. VaughnCourt of Appeals of Tennessee · 1875
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