Bigelow v. Bush
New York Court of Chancery
The bill in this case was filed to foreclose two mortgages % the first given by Henry Bush to secure the payment of $3000, and interest; and the last given by O. N. Bush as a collateral security for the payment of the amount secured by the first mortgage.
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The bill in this case was filed to foreclose two mortgages % the first given by Henry Bush to secure the payment of $3000, and interest; and the last given by O. N. Bush as a collateral security for the payment of the amount secured by the first mortgage. G. A. Avery was made a defendant as a subsequent purchaser of the equity of redemption in the first mortgaged premises ; and the other defendants were made parties as judgment creditors, or as subsequent purchasers from O. N. Bush. It appeared by the bill that Henry Bush resided out of the jurisdiction of the court,' in the state of Ohio,…
1Opinion of the Court
The Chancellor.
Henry Bush, the first mortgagor, was personally liable to the complainant for the payment of the debt secured by his mortgage *, and, if he had been within the jurisdiction of the court, the complainant might unquestionably have made him a party for the purpose of having a decree over against him for the residue, under the provisions of the revised statutes, in case the proceeds of the mortgaged premises should be insufficient to satisfy the debt and costs. He was, therefore, a proper party, although not a necessary party, to a bill of foreclosure against the grantee of the…
2Cited by10 opinions
- Fletcher v. HolmesIndiana Supreme Court · 1870
- Borden v. GilbertWisconsin Supreme Court · 1861
- Drury v. ClarkNew York Supreme Court · 1857
- Robertson v. CarsonSupreme Court of the United States · 1874
- Hutchison v. BarrCalifornia Supreme Court · 1920
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