Smith v. Webb
New York Supreme Court
In Eq-uity. In this case a bill was filed in the late court of chancery for the purpose of foreclosing upon two mortgages ; one executed by Alexander Webb to the plaintiffs on the 1st of April, 1840, to secure the sum of $1650, with interest at 7 percent ; and the other executed by Webb to Stephen Smith, of New Canaan, Fairfield county, Connecticut, on the 31st of October, 1838, to secure the payment of $2500, “ with lawful interest of the state of Connecticut.”
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In Eq-uity. In this case a bill was filed in the late court of chancery for the purpose of foreclosing upon two mortgages ; one executed by Alexander Webb to the plaintiffs on the 1st of April, 1840, to secure the sum of $1650, with interest at 7 percent ; and the other executed by Webb to Stephen Smith, of New Canaan, Fairfield county, Connecticut, on the 31st of October, 1838, to secure the payment of $2500, “ with lawful interest of the state of Connecticut.” The latter bond and mortgage were executed in the state of Connecticut, where the money was loaned which formed their consideration.…
1Opinion of the Court
By the Court, Parker, J.
The bond and mortgage in question were executed by Alexander Webb to Stephen Smith, the brother of the plaintiffs. Stephen Smith died in the state of Connecticut, having made a will by which he appointed the plaintiffs his executors, and by which he bequeathed his property, after the payment of certain legacies, by a residuary clause, to the plaintiffs and their brother, Minot Smith. The plaintiffs administered in the state of Connecticut, but have not taken out letters in this state. The legacies have been paid, and in the division of the property under the will, the…
2Cases cited3 opinions
- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Fitch v. ChapmanSupreme Court of Connecticut · 1833
- Marvin v. FesterNew York Supreme Court · 1832
3Cited by15 opinions
- Holmes v. . RoperNew York Court of Appeals · 1894
- Metcalf v. ClarkNew York Supreme Court · 1864
- Rulofson v. BillingsCalifornia Supreme Court · 1903
- Stirling v. BuckinghamSupreme Court of Connecticut · 1878
- Merkle v. . BeidlemanNew York Court of Appeals · 1900
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