Lansing v. Goelet
Court for the Trial of Impeachments and Correction of Errors
On appeal from the.court of chancery. "The appellant filed his bill in the court below, stating that he had, on the 6th of September, 1810, mortgaged certain real estate in Albany to the respondent, in fee, to secure the payment .of $10,000, with a bond as collateral security. That ithe respondent filed-his bill in chancery, praying a sale of the mortgaged premises, and payment of the mortgage debt by the avails.
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On appeal from the.court of chancery. "The appellant filed his bill in the court below, stating that he had, on the 6th of September, 1810, mortgaged certain real estate in Albany to the respondent, in fee, to secure the payment .of $10,000, with a bond as collateral security. That ithe respondent filed-his bill in chancery, praying a sale of the mortgaged premises, and payment of the mortgage debt by the avails. That on the 28th of October, 1820, an order of reference to a master was ,made -to compute and report the amount of the mortgage debt, which he reported at $11,581 09. That the…
1Opinion of the CourtWoodworth, J.
declined giving an opinion, on the ground that he had purchased lands, the title to which depended on decrees like the one in question*
*420*Sutherland, J. because he was related to the appellant and
Savage, Ch. J.
because he had expressed an opinion on one of the questions raised, while sitting for the chancellor in a cause wherein the appellant was a party. (Vid. 1 Hopk. 104.)
*421*But several of the senators declaring they had no doubt upon the case, an early day was assigned for its decision, when the opinion of this court was delivered by
*422"Oliver, Senator. It has been well observed, that few parts of…
2Cases cited4 opinions
- Amory v. FairbanksMassachusetts Supreme Judicial Court · 1793
- Hatch v. WhiteU.S. Circuit Court for the District of New Hampshire · 1814
- Delabigarre v. BushNew York Supreme Court · 1807
- Lansing v. Albany InsuranceNew York Court of Chancery · 1824
3Cited by15 opinions
- Whitestone Savings & Loan Ass'n v. Allstate InsuranceNew York Court of Appeals · 1971
- Federal Title, C., Guaranty Co. v. LowensteinNew Jersey Court of Chancery · 1933
- Tawanda Hall v. Andrew MeisnerCourt of Appeals for the Sixth Circuit · 2022
- Webb v. HoseltonNebraska Supreme Court · 1876
- Poweshiek County v. DennisonSupreme Court of Iowa · 1873
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