Scribner v. Hickok
New York Court of Chancery
THE plaintiff, as mortgagor, filed a bill to redeem against James Hickok and Horatio Hickok, aministrators of Ezra Hickok, the mortgagee, deceased, and Daniel Hickok, Daniel Boardman, and Stephen Brayton.
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THE plaintiff, as mortgagor, filed a bill to redeem against James Hickok and Horatio Hickok, aministrators of Ezra Hickok, the mortgagee, deceased, and Daniel Hickok, Daniel Boardman, and Stephen Brayton. On the 22d July, 1812, the Master’s report, as to the amount of the rents and profits of the mortgaged premises, received since the mortgagee took possession, after deducting the debt of Ezra Hickok, the mortgagee, was confirmed, and the defendants, who were either administrators of the mortgagee, or assignees, under him, of the land, were decreed to pay to the plaintiff 4,287 dollars and 1…
1Opinion of the Court
The Chancellor
considered that the defendant, H. Hickok, was not entitled to be deemed a purchaser, for himself, of the decree, and to use it as if he stood in the character of a stranger to the parties, but as having satisfied it, as one of the defendants, on behalf of the estate of E. Hickok, deceased ; and was entitled' only to indemnity or contribution, as a co-defendant, from the other defendants. The defendant who had paid more than his due proportion, or who had paid the whole, when the same ought to be borne by the co-defendants, or some of them, was entitled to, stand in the place of…
2Cited by4 opinions
- Merchants National Bank v. Great Falls Opera House Co.Montana Supreme Court · 1899
- Blazey v. DeliusIllinois Supreme Court · 1874
- Hawkins v. HillCalifornia Supreme Court · 1860
- Moore's AppealSupreme Court of Pennsylvania · 1844