Hadley v. Chapin
New York Court of Chancery
This was an appeal, by four of the defendants, who appeared and answered in this cause, from a decree of the late vice chancellor of the seventh circuit. The Bill was filed to foreclose a mortgage given by the defendants Chapin, Johnson, Maltby, and Gage, to Hendricks and Chamberlain, as trustees for the heirs and devisees of I. Kendig, deceased, upon certain premises in Seneca county.
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This was an appeal, by four of the defendants, who appeared and answered in this cause, from a decree of the late vice chancellor of the seventh circuit. The Bill was filed to foreclose a mortgage given by the defendants Chapin, Johnson, Maltby, and Gage, to Hendricks and Chamberlain, as trustees for the heirs and devisees of I. Kendig, deceased, upon certain premises in Seneca county. The mortgage was executed in March, 1832, and was conditioned to pay $1300, and interest annually; the principal to be paid within thirty days after the same should be demanded. The annual interest upon the…
1Opinion of the Court
The Chancellor.
The first objection to the complainant’s right to a decree, which was made by the appellants in the court below, was that the mortgage produced, in evidence was variant from that stated in the bill. This variance consisted in stating in the bill, that the mortgagors covenanted in, and by such mortgage, to pay the money secured thereby. The objection, however, was merely technical; as they did in fact give their bond for the payment of the mortgage debt, at the same time the mortgage was executed. Although there is no express *252covenant in the mortgage itself to pay the debt, and…
2Cited by4 opinions
- Patterson v. LinderSupreme Court of Iowa · 1863
- Binsse v. PaigeNew York Court of Appeals · 1863
- Cummings v. Strobridge Land Syndicate, Pac. Improvement Co.California Supreme Court · 1907
- In re the Estate of GilbertNew York Supreme Court · 1886