Stuart v. Kissam
New York Supreme Court
In Equity. This was an appeal by the defendants from a decree made by Justice Hurlburt, at a special term held in the' city of New-York, 13th March, 1848. The case at special term is reported in 2d Barbour’s Supreme Court Reports, 493. After the decree was made, Robert Stuart died, and that fact having been suggested to the court, and the written consent of the solicitors for the defendants being filed, it was ordered that the' suit proceed in the name and in favor of Mary…
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In Equity. This was an appeal by the defendants from a decree made by Justice Hurlburt, at a special term held in the' city of New-York, 13th March, 1848. The case at special term is reported in 2d Barbour’s Supreme Court Reports, 493. After the decree was made, Robert Stuart died, and that fact having been suggested to the court, and the written consent of the solicitors for the defendants being filed, it was ordered that the' suit proceed in the name and in favor of Mary R. Stuart, as sole plaintiff therein. All the important facts and circumstances of the case appear in the opinion of the…
1Opinion of the Court
By the Court,
Mitchell, J.
There are two questions raised by the appellants, which are of such consequence as to make the consideration of the others comparatively unimportant, viz.: 1st. Was not the second bond and mortgage substituted for the first, with the assent of Mrs. Stuart ? and 2d. Can the legatees and devisees of Dr. Kissam, the obligor in the first bond, be made personally liable for any deficiency in the mortgaged premises on a foreclosure suit, and before resort has been had to his executors ?
On the 29th of April, 1833, Mr. Cotton conveyed No. 3 of Turtle Bay Farm to Dr. Daniel W.…
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