Vechte v. Brownell
New York Court of Chancery
This was an appeal from a decree of the late vice chancellor of the fourth circuit, granting a perpetual injunction, restraining the defendant from proceeding to foreclose a mortgage given to him, under the following circumstances : Previous to the revolution, Sir William Johnson, who was the owner in fee of lot No. 160 in the western allotment of the Kingsborough patent, containing about 113 acres, agreed to lease the same in fee to the father of the complainant, at the…
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This was an appeal from a decree of the late vice chancellor of the fourth circuit, granting a perpetual injunction, restraining the defendant from proceeding to foreclose a mortgage given to him, under the following circumstances : Previous to the revolution, Sir William Johnson, who was the owner in fee of lot No. 160 in the western allotment of the Kingsborough patent, containing about 113 acres, agreed to lease the same in fee to the father of the complainant, at the annual rent of $15. But previous to the execution of any lease therefor Sir William Johnson died, and the lot became the…
1Opinion of the Court
The Chancellor.
As I have not been furnished with the reasons of the decree of the court below, it is difficult for me to conjecture upon what grounds the decision of the vice chancellor was based. The effect of the decree, as admitted by the counsel of both parties upon the argument, although I have not been furnished with a copy so as to enable me to judge of its particular terms, is to restrain the appellant from even proceeding upon his mortgage to recover any part of the arrears of rent which he paid to Thompson in September, 1830. I presume, therefore, the vice chancellor must have…
2Cited by7 opinions
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Hall v. BartlettNew York Supreme Court · 1850
- Van Rensselaer v. . ReadNew York Court of Appeals · 1863
- Mowry v. First National Bank of BarabooWisconsin Supreme Court · 1886
- Coit v. HornNew York Court of Chancery · 1843
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