Harrison v. Mc. Mennomy
New York Court of Chancery
Bill of foreclosure and sale of mortgaged premises. It had been filed in the names of Isabella J. Harrison, widow and administratrix of Robert M. Harrison, deceased, and Silvanus Miller, administrator as well of Charles Harrison as of Samuel H. Littlejohn, deceased. Isabella J. Harrison died during the pendency of the suit; and William H. Harrison, as administrator do bonis non of her husband, was made a party complainant.
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Bill of foreclosure and sale of mortgaged premises. It had been filed in the names of Isabella J. Harrison, widow and administratrix of Robert M. Harrison, deceased, and Silvanus Miller, administrator as well of Charles Harrison as of Samuel H. Littlejohn, deceased. Isabella J. Harrison died during the pendency of the suit; and William H. Harrison, as administrator do bonis non of her husband, was made a party complainant. The mortgage, with a bond, was executed by the defendant, Robert Me. Mennomy, to Hannah Harrison, Charles Harrison, Robert M. Harrison, Elizabeth Harrison and Ann Evelina…
1Opinion of the Court
The Vice-Chancellor:
This cause has been reheard ; and the defendants have insisted that the complainants can have no right to any share of the mortgage money and, therefore, the bill must be dismissed or if not so, still there must be other persons who have a right to a portion of the mortgage money made parties, before a proper decree can be had.
There might be no difficulty in deciding this cause, provided the court was bound to look no further than to the bond and mortgage. By these instruments, a debt was secured to the several persons therein named payable with interest at such time as…
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