Pratt v. Huggins
New York Supreme Court
THIS was an action to foreclose a mortgage upon premises in Greene county, dated February 5, 1835, executed and delivered by the defendant, William T. Huggins, to Joseph Huggins, to secure the sum of $250, payable on the 1st of February, 1836, and assigned by the latter to the plaintiff, on the 14th of March, 1836. The mortgage was on the same day acknowledged, and on the 9th day of February recorded in the clerk’s office of the county of Greene.
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THIS was an action to foreclose a mortgage upon premises in Greene county, dated February 5, 1835, executed and delivered by the defendant, William T. Huggins, to Joseph Huggins, to secure the sum of $250, payable on the 1st of February, 1836, and assigned by the latter to the plaintiff, on the 14th of March, 1836. The mortgage was on the same day acknowledged, and on the 9th day of February recorded in the clerk’s office of the county of Greene. Cotemporaneously with the mortgage, and to secure the same debt, Williana T. Huggins executed and delivered to said Joseph Huggins a promissory note…
1Opinion of the CourtHogeboom, J.
The facts of this case lie within a narrow compass. The plaintiff, by action commenced in 1855, seeks to foreclose a mortgage under seal, executed in 1835, for a debt falling due in 1836, which mortgage was accompanied by a promissory (unsealed) note to secure the same debt. The mortgage contains no covenant to pay, but the condition is that the instrument shall be void, if the above sum, with interest, is paid on the 1st of February, 1836, “ in the manner particularly specified in the condition of his (the mortgagor’s) certain bond or obligation bearing even date herewith.” The mortgage was…
2Cases cited3 opinions
- President of Bank of the Metropolis v. GuttschlickSupreme Court of the United States · 1840
- Heyer v. PruynNew York Court of Chancery · 1839
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
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- In Re the Estate of RogersNew York Court of Appeals · 1897
- Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870
- Wells County v. McHenryNorth Dakota Supreme Court · 1898
- Hayes v. FreyWisconsin Supreme Court · 1882
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