Burges v. Souther
Supreme Court of Rhode Island
Debt on Judgment. At the October Term of this court, A. D. 1884, in an equity-suit brought by the present plaintiff to foreclose a mortgage, to which suit the present defendants were parties respondent, the following decree was entered : — “ Supreme Court, October Term, a. d. 1884. Providence, sc.: Richard J. Burges \ vs. > Tristam Burges et al. ) Equity No. 1835. “ This cause came on to be heard upon the complainant’s motion for the appointment of a master to foreclose the…
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Debt on Judgment. At the October Term of this court, A. D. 1884, in an equity-suit brought by the present plaintiff to foreclose a mortgage, to which suit the present defendants were parties respondent, the following decree was entered : — “ Supreme Court, October Term, a. d. 1884. Providence, sc.: Richard J. Burges \ vs. > Tristam Burges et al. ) Equity No. 1835. “ This cause came on to be heard upon the complainant’s motion for the appointment of a master to foreclose the mortgages mentioned in the pleadings, and was argued by counsel, and thereupon, on consideration thereof, — “It was…
1Opinion of the Court
Dus,fee, C. J.
We do not think the action lies. The decree must b.e construed as a decree entered in pursuance of the bill, which is a bill for the foreclosure of a mortgage. It consists of two parts. The first orders the defendants named to pay the complainant one sixth of the sum due on the mortgage notes, to wit, $1,216.67, with interest since June 30, 1880, on or before April 15, 1885. The second part orders, in default of such payment, that the mortgaged premises be sold, and a certain part of the proceeds paid into court. The second order does not come into operation if the first is…
2Cases cited7 opinions
- Whelan v. WhelanNew York Supreme Court · 1824
- Dunkley v. Van BurenNew York Court of Chancery · 1818
- Amory v. FairbanksMassachusetts Supreme Judicial Court · 1793
- Lansing v. GoeletCourt for the Trial of Impeachments and Correction of Errors · 1827
- Hatch v. WhiteU.S. Circuit Court for the District of New Hampshire · 1814
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