Van Horne v. Everson
New York Supreme Court
This action was brought to recover real property, with damages for withholding the same. The facts of the case were these: In October, 1843, the plaintiff applied to George D. Ferguson for a loan of $1100, and on the 25th day of that month he gave his bond to the said George D. Ferguson, in the penalty of $2200, conditioned to pay $1100, in one year from the date, with the interest thereon payable semi-annually.
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This action was brought to recover real property, with damages for withholding the same. The facts of the case were these: In October, 1843, the plaintiff applied to George D. Ferguson for a loan of $1100, and on the 25th day of that month he gave his bond to the said George D. Ferguson, in the penalty of $2200, conditioned to pay $1100, in one year from the date, with the interest thereon payable semi-annually. As collateral security for the payment of the money John Gross and Jane Van Horne, the wife of the plaintiff, and with his consent, joined in executing a mortgage of the premises in…
1Opinion of the Court
By the Court, Cady, J.
The most important question in this cause is, did the plaintiff, by his purchase, acquire any title as against persons claiming under Henry Gross ? The plaintiff’s bond to George D. Ferguson, the mortgagee, was the evidence of the debt. It was the debt of the plaintiff, which he was bound to pay. He neglected to pay his bond, and for that reason the assignee of the bond and mortgage advertised and sold the mortgaged premises, and the plaintiff, the obligor, bid more than the sum due, and now claims that he acquired a valid title to the estate of his sureties. If that…
2Cases cited2 opinions
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Neimcewicz v. GahnNew York Court of Chancery · 1831
3Cited by12 opinions
- Dorff v. BornsteinNew York Court of Appeals · 1938
- People v. Mayor of New YorkNew York Supreme Court · 1858
- Beckwith v. ThompsonWest Virginia Supreme Court · 1881
- Garner v. MarshallCalifornia Supreme Court · 1858
- Holland v. Fulbert, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
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