Brown v. Frost
New York Court of Chancery
This was an appeal from a decree of the assistant vice chancellor of the first circuit. The bill in this cause was filed by H. Brown to redeem certain premises which had been sold under a decree of foreclosure in a former suit.
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This was an appeal from a decree of the assistant vice chancellor of the first circuit. The bill in this cause was filed by H. Brown to redeem certain premises which had been sold under a decree of foreclosure in a former suit. H. Brown, the complainant, in April, 1831, having become the purchaser of five parcels of land at a master’s sale, mortgaged the same to Frost and the Cammans, to secure the payment of $5000 and interest, in one year 5 and also mortgaged the same to the Cammans, at the same time, to secure the payment of the further sum of $4000, payable in one year with interest. lío…
1Opinion of the Court
The Chancellor.
Many things are stated in the bill in this cause which might have been the proper subjects of consideration in the original foreclosure suit. But the decree in that suit is conclusive upon the rights of the parties, and cannot be opened or disturbed in this collateral way. I am also satisfied that an original bill in chancery cannot be sustained, by a party to a foreclosure suit, to impeach or *246set aside the proceedings upon the master’s sale, under the decree, where there was nothing which could have prevented an application to the court, in that suit, for a resale, by those…
2Cases cited1 opinion
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
3Cited by37 opinions
- Goodenow v. EwerCalifornia Supreme Court · 1860
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Hackley v. . DraperNew York Court of Appeals · 1875
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Lawyers' Co-operative Publishing Co. v. BennettSupreme Court of Florida · 1894
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