Howard Insurance Co. v. . Halsey
New York Court of Appeals
Appeal from a decree made by the superior court of the city of New York upon a bill in equity for the foreclosure of a mortgage. The facts disclosed in the case were as follows.
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Appeal from a decree made by the superior court of the city of New York upon a bill in equity for the foreclosure of a mortgage. The facts disclosed in the case were as follows. On the 17th of April, 1837, Stephen A. Halsey and wife made their mortgage to the plaintiffs conveying two hundred and ninety-four acres of land in Westchester county, described by certain bounds, and as “ all that part of the farm and premises lying on the easterly and southerly side of the post road which were heretofore conveyed to the said Stephen A. Halsey by Vanburgh Livingston.” The mortgage was conditioned for…
1Opinion of the CourtJohnson, J.
Upon the conveyance of the ninety-two acres to Wildes by Halsey, an equity arose in Wildes’ favor to have the residue of the mortgaged premises applied in the first instance to the payment of the mortgage debt. Subsequently to that conveyance, the mortgagees released from the lien of the mortgage the whole of the residue of the premises which had been conveyed by Halsey to Hunt, and by him to Paulding. This residue at the time of the release was of greater value than the amount of the mortgage. Upon these facts, if the case stopped here, it is not denied by the counsel for either party, that…
2Cases cited1 opinion
- Guion v. KnappNew York Court of Chancery · 1836
3Cited by23 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Townsend v. VanderwerkerSupreme Court of the United States · 1895
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Pringle v. DunnWisconsin Supreme Court · 1875
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