Guion v. Knapp
New York Court of Chancery
This was an appeal from a decree of the vice chancellor yle c}rcu}t. The bill was filed to foreclose a mortgage given by Peter Knapp and wife, in November, 3810, upon about 300 acres of land in lot No. 42, in the township of Tully, to secure the payment of $1000 and interest.
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This was an appeal from a decree of the vice chancellor yle c}rcu}t. The bill was filed to foreclose a mortgage given by Peter Knapp and wife, in November, 3810, upon about 300 acres of land in lot No. 42, in the township of Tully, to secure the payment of $1000 and interest. The mortgage was registered the 4th of March, 1812; previous to which time, the mortgagors had conveyed about 64 acres, oif the south end of the mortgaged premises, to John Knapp, which were subsequently released to him by the mortgagees. * In December, 1811, the mortgagors also conveyed to Elijah Knapp about 76 acres of…
1Opinion of the Court
The Chancellor.
Assuming, for the present, that the vice chancellor was right in the principle upon which his decree in this case is based, the decree appealed from is erroneous in some of its provisions. The principle of charging different parcels of the mortgaged premises, which have been sold at different times subsequent to the mortgage, in the inverse order of their alienation, is not always confined to the original alienations by the mortgagor who is personally liable for the payment of the debt. The principle is equally applicable to several conveyances at different times, by a grantee…
2Cited by43 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Howard Insurance Co. v. . HalseyNew York Court of Appeals · 1853
- La Farge Fire Insurance v. BellNew York Supreme Court · 1856
- Ross v. DugganSupreme Court of Colorado · 1879
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