Gardner v. Astor
New York Court of Chancery
ON the 20th of August, 1800, Daniel R Durning executed a bond and mortgage in fee, to Evert Bancker, for securing,the payment of 2,500 dollars, in one year. In.1801, all the right, title and interest of Burning in the mortgaged premises, were sold by the sheriff, undér a farf facias, issued on a judgment against B. at the suit of Joseph Winter, for 7,661 dollars and 37 cents, to Philip Brasher, who was the highest bidder, for 4,933 dollars and 17 cents.
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ON the 20th of August, 1800, Daniel R Durning executed a bond and mortgage in fee, to Evert Bancker, for securing,the payment of 2,500 dollars, in one year. In.1801, all the right, title and interest of Burning in the mortgaged premises, were sold by the sheriff, undér a farf facias, issued on a judgment against B. at the suit of Joseph Winter, for 7,661 dollars and 37 cents, to Philip Brasher, who was the highest bidder, for 4,933 dollars and 17 cents. Brasher, who acted as the agent of Winter in purchasing at the sheriff’s sale, on the 19th of December, 1801, released and conveyed the…
1Opinion of the Court
The Chancellor.
This cause is brought to a hearing upon the bill and answer, and I am, therefore, to take the answer as true.
Winter, in December, 1801,. purchased the equity of redemption in the mortgaged premises, and he shortly after-wards paid off an outstanding mortgage, and took an assignment of it, and thereby united in himself the legal and equitable estates, or the whole interest in the land. The question is, whether the incumbrance was not, by that act, extinguished ?
In Forbes v. Moffatt, (18 Vesey, 384.) a mortgagee of land afterwards took the equity of redemption by will, and it was…
2Cited by17 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Sidener v. PaveyIndiana Supreme Court · 1881
- Howe v. WoodruffIndiana Supreme Court · 1859
- Miller v. FinnNebraska Supreme Court · 1871
- Starr v. EllisNew York Court of Chancery · 1822
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