Loomis v. Stuyvesant
New York Court of Chancery
The bill in this cause was filed in February, 1840, against P. Stuyvesant, G. Stuyvesant, J. R. Stuyvesant and others, to foreclose two mortgages, the one given by P. Stuyvesant to J. R. Stuyvesant on the 25th of June, 1839, and the other given by the same mortgagor to G. Stuyvesant on the 28th of the same month.
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The bill in this cause was filed in February, 1840, against P. Stuyvesant, G. Stuyvesant, J. R. Stuyvesant and others, to foreclose two mortgages, the one given by P. Stuyvesant to J. R. Stuyvesant on the 25th of June, 1839, and the other given by the same mortgagor to G. Stuyvesant on the 28th of the same month. The bill was taken as confessed against some of the defendants for the want of an appearance; against the defendant, G. Stuyvesant, upon his writen consent given on the 24th of August, 1840 ; and against J. R. Stuyvesant for want of an answer, after he had appeared. in the cause. A…
1Opinion of the Court
The Chancellor.
The question upon the merits of this case, independent of the objection that neither of the applicants has any right to apply in this way to be made parties, under the act of May, 1840, arises upon the effect of the mortgages and judgments, in connection with the proper construction of the stipulations signed by S. P. Lyman, as the agent for the complainant, on the 20th of September, 1839. The affidavit of Lyman, who transacted the business for the complainant, is positive as to what occurred at the time when the mortgages were assigned and the stipulations given. It must…
2Cited by7 opinions
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- McLaughlin v. Estate of CurtsWisconsin Supreme Court · 1871
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