Hubbell v. Sibley
New York Supreme Court
On the 1st day of December, 1846, James W. Sawyer and Alfred Hubbell were owners in fee of the lands described in the complaint, situated in the city of Rochester. On that day they gave the defendant a bond for $7,000, payable in five years with interest semi-annually. And to secure the payment of that sum they, with their wives, gave defendant a mortgage on the said lands mentioned, which was duly recorded.
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On the 1st day of December, 1846, James W. Sawyer and Alfred Hubbell were owners in fee of the lands described in the complaint, situated in the city of Rochester. On that day they gave the defendant a bond for $7,000, payable in five years with interest semi-annually. And to secure the payment of that sum they, with their wives, gave defendant a mortgage on the said lands mentioned, which was duly recorded. On the 12th February, 1848, the same parties gave a bond with mortgage on a part of the same lands to the Rochester City Bank to secure the sum of $2,000. By agreement between the parties…
1Opinion of the CourtMullin, P. J.
In order to foreclose a mortgage by advertisement and sale, so as to cut off the right of the mortgagor and purchasers and encumbrancers, subsequent to the date of the mortgage, the requirements of the statute regulating the proceedings in that mode of foreclosure must be substantially complied with.
But in determining what is a substantial compliance, regard must be had to the objects which the legislature had in view in passing this statute.
One was to relieve the parties from the expense of a suit in chancery, in which court alone, prior to the passage of the statute under consideration,…
2Cases cited11 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Lamerson v. MarvinNew York Supreme Court · 1850
- Calkins v. CalkinsNew York Supreme Court · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Abbott v. PeckSupreme Court of Minnesota · 1886
- Pearson v. GoochSupreme Court of New Hampshire · 1897
- Bond v. FinnNew York Supreme Court · 1889
- Lewis v. DuaneNew York Supreme Court · 1893
- Pitt v. AmendNew York Supreme Court · 1895