Manhattan Co. v. Evertson
New York Court of Chancery
The bill in this cause was filed to foreclose a mortgage given to the complainants by G. B. Evertson and his wife in 1824. A decree of foreclosure was entered, and a part of the mortgaged premises lying in the county of Delaware in the southern district of New-York, and in the towns of Galen and Ulysses in the northern district, were sold under the decree.
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The bill in this cause was filed to foreclose a mortgage given to the complainants by G. B. Evertson and his wife in 1824. A decree of foreclosure was entered, and a part of the mortgaged premises lying in the county of Delaware in the southern district of New-York, and in the towns of Galen and Ulysses in the northern district, were sold under the decree. The lands in Delaware county sold for #100 ; those in Galen for #900 ; and those in Ulysses for #11,500; the proceeds of which sales, after paying the debt and costs of the complainants, left a surplus of about #8,000. A reference was…
1Opinion of the Court
The following opinion was delivered by the vice chancellor upon the exceptions.
C. H. Ruggles V. C.
Emott is entitled, as stated in the master’s report, to $1500 with interest from the 19th February, 1827, the date of the deed of trust. The first exception to the master’s report is therefore overruled.
Mrs. Evertson, the widow of G. B. Evertson, is not entitled to dower in the surplus. I am inclined to the opinion that the deeds of the 12th and 19th of February, 1827, from G. B. Evertson and wife to J. R. Evertson was, as between the parties thereto, valid; that the whole title and interest of…
2Cases cited2 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Grimstone v. CarterNew York Court of Chancery · 1831
3Cited by21 opinions
- Durnherr v. . RauNew York Court of Appeals · 1892
- Malloney v. . HoranNew York Court of Appeals · 1872
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Slattery v. JonesSupreme Court of Missouri · 1888
- Tibbetts v. TerrillSupreme Court of Colorado · 1908
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