Schryver v. Teller
New York Court of Chancery
Tins was an application by W. F. Teller, one of the defendants in a foreclosure suit, whose mortgage upon the premises was^riqr in date to the mortgage of the complainants, to modify a decree which had been entered upon the bill taken as confessed, under the following circumstances : Tobias Teller the mortgagor owned land at Redhook and also land at Coxsackie, subject to the lien of several judgments, in the supreme court, recovered previous to the 28th of May, 1840. The…
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Tins was an application by W. F. Teller, one of the defendants in a foreclosure suit, whose mortgage upon the premises was^riqr in date to the mortgage of the complainants, to modify a decree which had been entered upon the bill taken as confessed, under the following circumstances : Tobias Teller the mortgagor owned land at Redhook and also land at Coxsackie, subject to the lien of several judgments, in the supreme court, recovered previous to the 28th of May, 1840. The property at each place was also subject to the incumbrance of several mortgages previous to that date. On the 28th of May,…
1Opinion of the Court
The Chancellor.
Upon the hearing of this motion, I was inclined to the opinion that it was a proper case for contribution ; so that the prior judgments should be paid out of the proceeds of the Redhook property and of the premises sold under the decree in this suit, pro rata. Upon further examination of the question, however, I see nothing „ to take this case out of the general principle, established in the case of Clowes v. Dickinson, (5 John. Ch. Rep. 241,) and other cases in this court, that lands consisting of different parcels, subject to a general incumbrance, are in ¡equity to be…
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