Pendleton v. Eaton
New York Court of Chancery
THE bill was filed in October, 1810, by the plaintiff, a mortgagee, to compel the mortgagors to come to an account, and pay the plaintiff the amount due on the mortgage, and redeem the same, or be foreclosed of all equity of redemption.
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THE bill was filed in October, 1810, by the plaintiff, a mortgagee, to compel the mortgagors to come to an account, and pay the plaintiff the amount due on the mortgage, and redeem the same, or be foreclosed of all equity of redemption. The mortgage, dated the 17th of February, 1804, for a tract of land in Greene-county, was executed by Amos Eaton and Abel Eaton, defendants, to the plaintiflj to secure the payment of 13,500 dollars, beihg the amount of the purchase money of the same land conveyed by the plaintiff to them, and payable in three equal instalments, at five, six, and seven years,…
1Opinion of the Court
The Chancellor,
after disposing of the question of costs under a particular rule, proceeded to consider the question as to the costs of the suits at large, as follows :
Edgar was brought into court in the original suit, an innocent and bonafide mortgagee .He had no concern with a greater portion of the matter in the bill, in which nineteen other defendants were charged. He answered, by setting up his mortgage fairly taken, and denying all knowledge of any fraud in Amos'Eaton, in procuring the releases which *72appeared upon record, and which showed the land to be free from incumbrance when he took…
2Cited by2 opinions
- Poole v. NixonU.S. Circuit Court for the District of Eastern Pennsylvania · 1834
- Elliott v. The Leah H. MillerDistrict Court, S.D. New York · 1843