Doolittle v. Lewis
New York Court of Chancery
THE plaintiff, who lived in Hampton, in the county of Washington, in this state, being indebted to S. Hotchkiss, an inhabitant of Rutland county, in the state of Vermont, gave a mortgage of land in Washington county, for securing the payment of 517 dollars and 83 cents, with interest. The mortgage contained a power to the mortgagee, his executors, administrators, or assigns, in default of payment, to sell and convey the mortgaged premises, &c.
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THE plaintiff, who lived in Hampton, in the county of Washington, in this state, being indebted to S. Hotchkiss, an inhabitant of Rutland county, in the state of Vermont, gave a mortgage of land in Washington county, for securing the payment of 517 dollars and 83 cents, with interest. The mortgage contained a power to the mortgagee, his executors, administrators, or assigns, in default of payment, to sell and convey the mortgaged premises, &c. The mortgagee died intestate, and the defendants, David Lewis and Mary Jinn Hotchkiss, who had been appointed by the Court of Probates of Rutland…
1Opinion of the Court
The Chancellor.
The mortgage was given to S. H., an inhabitant of Vermont, by the plaintiff, who lived in the county of Washington, adjoining that state. It contained a special power, authorizing the mortgagee, “ his executors, administrators, and assigns,” in default of payment, to sell and convey the mortgaged premises, “ according to the law of the state of J\Tew- York.” Upon the death of II., the mortgagee, the defendants, JD. Lewis and M. A. Hotchkiss, were appointed administrators of his estate, by the Judge of Probates of the county of Rutland, in Vermont, where the intestate resided…
2Cases cited3 opinions
- Osgood v. FranklinNew York Court of Chancery · 1816
- Morrell v. DickeyNew York Court of Chancery · 1814
- Goodrich v. PendletonNew York Court of Chancery · 1820
3Cited by57 opinions
- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
- Hodges v. KimballCourt of Appeals for the Fourth Circuit · 1899
- Fugate v. MooreSupreme Court of Virginia · 1890
- McLaughlin v. McLaughlin's AdministratorSupreme Court of Missouri · 1852
- Reynolds v. McMullenMichigan Supreme Court · 1885
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