Lansing v. M'Pherson
New York Court of Chancery
VANBUREN, Attorney General, for the defendant M. moved that the biddings metioned in the petition be opened, and the premises sold again; the defendant offering to give 50 per cent, more than was bid at the former sale. The petition stated, that Wm.
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VANBUREN, Attorney General, for the defendant M. moved that the biddings metioned in the petition be opened, and the premises sold again; the defendant offering to give 50 per cent, more than was bid at the former sale. The petition stated, that Wm. N Capon, (defendant,) being indebted to petitioner, and Samuel M. Lockwood, (defendant,) in 1,890 dollars, executed a bond and mortgage to them; that S. M. Lockwood assigned his interest therein to the petitioner, APPhersonthat the bond and mortgage was exchanged by the petitioner for another mortgage to the plaintiff, and was duly assigned to…
1Opinion of the Court
The Chancellor.
The defendant, M-Pherson, applies for two things; 1. that the decree taken pro confesso against him be set aside, on the ground of misapprehension, and that he has a good and substantial defence in respect to the claim against him for any deficiency which may arise on the sale, of the mortgaged premises; 2. that the sale be opened upon the terms he proposes.
As to the first point, the delay has been too long to justi*426fy the indulgence, without a very special case made; There must be strong ground, as Lord Eldm observed, in Knight v. Young, (2 Vesey and Bea. 184.) for opening a…
2Cited by8 opinions
- Dewey v. LinscottSupreme Court of Kansas · 1878
- The SparkleDistrict Court, E.D. New York · 1874
- Barry v. BarryHigh Court of Chancery of Maryland · 1847
- Babcock v. PerryWisconsin Supreme Court · 1856
- Brush v. ShusterNew York Supreme Court · 1876
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