Tice v. Annin
New York Court of Chancery
[ * 126 ] THE original bill was filed on the 21st of June, 1810, to foreclose a mortgage given by the defend'ant Annin, on the 1 st of August, 1808, to secure the payment of three bonds, for 500 dollars each. The first bond had been paid; the principal and interest on the second became due the 21st of May, 1810; and the principal of the third was payable on the 21st of May, 1811, with interest.
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[ * 126 ] THE original bill was filed on the 21st of June, 1810, to foreclose a mortgage given by the defend'ant Annin, on the 1 st of August, 1808, to secure the payment of three bonds, for 500 dollars each. The first bond had been paid; the principal and interest on the second became due the 21st of May, 1810; and the principal of the third was payable on the 21st of May, 1811, with interest. The *two last bonds were alleged to have become forfeited by reason of the nonpayment of the principal and interest of the one, and of the annual interest of the other. After the bill was filed, and…
1Opinion of the Court
The Chancellor.
These causes were brought to a *127hearing together, and they relate to one and the same transaction.
If a mortgagee, instead of resorting to a bill of foreclosure, seeks to collect liis money out of other property of the mortgagor, his proceeding will be stayed, or he will be compelled to assign over the bond and mortgage to the mortgagor. So if the mortgagee himself sells the equity of redemption by execution law. But if the mortgagee caniot,insuchcase, assign over the debt and security, the purchaser of the equity of redemption will be deemed as
[ * 128 ]
When the cross bill was…
2Cited by17 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Northrop v. . HillNew York Court of Appeals · 1874
- Atherton v. ToneyIndiana Supreme Court · 1873
- Wright v. AndersonSouth Dakota Supreme Court · 1934
- Mundy v. WhittemoreNebraska Supreme Court · 1884
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