Cleveland v. . Boerum
New York Court of Appeals
Appeal from the Supreme Court. Action for, the redemption of land from a mortgage executed in March, 1836, by J. S. McKibben and Thomas Nichols. The sum secured w.as $39,000, payable in April, 1841. In February, 1842, the mortgagees filed a bill in Chancery for the foreclosure of the mortgage, to which McKibben and one Strong, who had succeeded to all the interest of Nichols, were made parties defendant.
Read the full summary
Appeal from the Supreme Court. Action for, the redemption of land from a mortgage executed in March, 1836, by J. S. McKibben and Thomas Nichols. The sum secured w.as $39,000, payable in April, 1841. In February, 1842, the mortgagees filed a bill in Chancery for the foreclosure of the mortgage, to which McKibben and one Strong, who had succeeded to all the interest of Nichols, were made parties defendant. Notice of the pendency of the suit was duly filed in the office of the clerk of Kings county, wffiere the. land was situated, March 7, 1842. Strong and McKibben appeared in the action,; and…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In my opinion, the two years' limitation by section 8 of the bankrupt act (Acts of Congress, 1841, 5 Stat. at Large, p. 446) is a bar to this action. It is provided by section 8 that "no suit at law or in equity shall, in any case, be maintained by or against such assignee, or by or against any person claiming an adverse interest touching the property and rights of property aforesaid [the property of the bankrupt vested in the assignee by the decree], in any…
2Cited by15 opinions
- Stevens v. . HauserNew York Court of Appeals · 1868
- International Bank v. JenkinsIllinois Supreme Court · 1882
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
- Devoy v. Superior Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- Kenyon v. WrisleyMassachusetts Supreme Judicial Court · 1888
10 more not listed; retrieve them via the Exa API.