Vroom v. Van Horne
New York Court of Chancery
This was an appeal from a decree of the late assistant vice chancellor of the first circuit, dismissing the complainant’s bill of revivor and supplement. The original bill was filed by Peter Yroom, a resident of the state of New-Jersey, as a junior mortgagee of a lot of land in Seneca oounty, to redeem the mortgaged premises from a statute foreclosure and sale which had taken place under a prior mortgage.
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This was an appeal from a decree of the late assistant vice chancellor of the first circuit, dismissing the complainant’s bill of revivor and supplement. The original bill was filed by Peter Yroom, a resident of the state of New-Jersey, as a junior mortgagee of a lot of land in Seneca oounty, to redeem the mortgaged premises from a statute foreclosure and sale which had taken place under a prior mortgage. The purchaser at that sale had conveyed the premises to the defendant Van Horne 5 who subsequently conveyed to P. Smith, wiih warranty ; and Van Horne and Smith, together with Ditmas and…
1Opinion of the Court
The Chancellor.
The assistant vice chancellor was unquestionably right in supposing that there was nothing in this case to justify him in setting aside the release, and compromise, upon the ground that they were obtained by fraud or misrepresentation, or by the concealment of any material fact from Mrs. Vroom which it was the duty of the adverse party to communicate to her upon making such a compromise. On the contrary, I think Van Horne’s letter to the complainant, of the 23d of January, 1833, contained as fair and impartial a statement of the. whole transaction, and of the then state of the…
2Cases cited1 opinion
- Shultz v. PulverNew York Court of Chancery · 1831
3Cited by32 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Wilkins v. EllettSupreme Court of the United States · 1870
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- Nance v. GraySupreme Court of Alabama · 1904
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