Lawrence v. Cornell
New York Court of Chancery
PETITION of the defendant Cornell, stating, that through inadvertence, and unintentionally', his right and interest, stated in his answer, to a portion of the surplus of the proceeds of the mortgaged premises, after satisfying the plaintiff, were omitted to be provided for by the decree, which was prepared by the plaintiff’s counsel, and entered by consent of the solicitors of all the parties.
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PETITION of the defendant Cornell, stating, that through inadvertence, and unintentionally', his right and interest, stated in his answer, to a portion of the surplus of the proceeds of the mortgaged premises, after satisfying the plaintiff, were omitted to be provided for by the decree, which was prepared by the plaintiff’s counsel, and entered by consent of the solicitors of all the parties. The fact was verified by the accompanying affidavit of the plaintiff, and nothing appeared to gainsay it. The petition, accordingly, prayed that the decree might be amended in that respect.
1Opinion of the Court
The Chancellor.
The mistake is manifest; and if it had been suggested at the time, there would undoubtedly have been a provision inserted in the decree, that the petitioner should be deemed substituted for the plaintiff, so far as he had made any payments, on the elder mortgage, for the proper debt of the defendant, Matthews, or beyond his pro*546portion df the burden. This appears to have been the ease as to a moiety of the sums of 70 dollars and 200 dollars, paid by him in 1817. The defendant, C., claims the benefit of substitution for the other moiety of those sums, on the ground of some…
2Cited by6 opinions
- Lidderdale v. RobinsonU.S. Circuit Court for the District of Eastern Virginia · 1824
- In re CooperHawaii Supreme Court · 1913
- Jenkins v. EldredgeU.S. Circuit Court for the District of Massachusetts · 1845
- Rockwell v. CarpenterNew York Supreme Court · 1881
- Rockwell v. CarpenterNew York Supreme Court · 1881
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