Attorney General v. Purmort
New York Court of Chancery
The information by the attorney general, in the first of th© above causes, was filed to foreclose two mortgages given to the state, by John Purmort and wife, in September, 1813; but both for the same debt and upon the same premises, the last being given to correct a mistake in the description of the premises in the first. The mortgages were given by Purmort for the security of a loan of $1000 from the state.
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The information by the attorney general, in the first of th© above causes, was filed to foreclose two mortgages given to the state, by John Purmort and wife, in September, 1813; but both for the same debt and upon the same premises, the last being given to correct a mistake in the description of the premises in the first. The mortgages were given by Purmort for the security of a loan of $1000 from the state. The information stated, among other things, that the mortgages were attempted to be foreclosed under the statute, and in April, 1818, were bid off by A. MTntyre, the comptroller, for and…
1Opinion of the Court
The Chancellor.
When this case was formerly before me, upon the demurrer of the defendant M’Crea to the bill of the Purmorts for want of equity, I came to the conclusion that the facts stated in the bill were sufficient to entitle the complainants to equitable relief. And as the defendant did not think proper to appeal from the decree overruling the demur*626ver, that decision must now be considered as the settled law 0f case and cannot again be opened for discussion here. This disposes of the objection of the defendant’s counsel, that
the complainants had a perfect remedy at law upon the covenants…
2Cited by11 opinions
- Hebbard v. . HaughianNew York Court of Appeals · 1877
- Ward v. Van BokkelenNew York Court of Chancery · 1828
- Heiskell v. PowellWest Virginia Supreme Court · 1884
- Steele v. BranchCalifornia Supreme Court · 1870
- Adams v. HullNew York Supreme Court · 1845
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