Classon v. . Cooley
New York Court of Appeals
This was an action brought in the superior court of the city of Ne w York to recover an undivided half of certain real estate in the city of New York. It was defended upon the ground that the plaintiff’s title was subject to a mortgage given by one Kain to Henry Van Veelan: that such mortgage had been foreclosed in chancery before the late vice chancellor of the first circuit, and sold to the defendant by'virtue of a decree made by that court.
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This was an action brought in the superior court of the city of Ne w York to recover an undivided half of certain real estate in the city of New York. It was defended upon the ground that the plaintiff’s title was subject to a mortgage given by one Kain to Henry Van Veelan: that such mortgage had been foreclosed in chancery before the late vice chancellor of the first circuit, and sold to the defendant by'virtue of a decree made by that court. The cause was tried before Mr. Justice Paine, in January, 1852. The following admissions were made which constituted all the evidence in the case: 1.…
1Opinion of the CourtMason, J.
The plaintiff’s right of recovery in this case rests solely upon the supposition that the vice chancellor of the second circuit had no jurisdiction to make the decree in the foreclosure suit of Mary Van Veelan v. The Defendant and others.
The defendant’s title rests upon the validity of that decree. The simple question therefore to be determined is, whether the vice chancellor of the second circuit had jurisdiction in the foreclosure suit to make the decree and order of sale under which the defendant became a purchaser and acquired his title. The premises were situated in the first circuit,…
2Cases cited1 opinion
- Varick v. DodgeNew York Court of Chancery · 1841