Legal Opinion

Waller v. Harris

New York Court of Chancery

Decided May 1, 1838PublishedCited by 10 opinions

This was an appeal, by the defendant, from a decree of the vice chancellor of the fourth circuit, allowing the complainant to redeem certain premises from a statute foreclosure under a mortgage.

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This was an appeal, by the defendant, from a decree of the vice chancellor of the fourth circuit, allowing the complainant to redeem certain premises from a statute foreclosure under a mortgage. The premises originally belonged to Daniel Mason, and had with other premises been sold by the sheriff of Washington county, by virtue of an execution on a judgment against Mason and another in favor of Barker ; which judgment was docketed in February, 1825. The sale under this execution took place on the 25th of July, 1832 ; and the property of Mason was bid in by the defendant Lucretia Harris, for…

1Opinion of the Court

The Chancellor.

The decree in this case is erroneous in some particulars, independent of the important question upon the merits, as to the regularity of the complainant’s redemption of the premises from the sheriff’s sale. The *173decree upon a bill to redeem should fix the time within which the redemption is to take place ; and should direct the complainant’s bill to be dismissed with costs if the money is not paid within the time prescribed. Here the complainant is to have six months, and such further time as the court may allow for that purpose; and without allowing to the defendant the…

2Cases cited1 opinion

  1. People ex rel. Fleming v. LivingstonNew York Supreme Court · 1831

3Cited by10 opinions

  1. McKernan v. NeffIndiana Supreme Court · 1873
  2. Stevens v. MinerMassachusetts Supreme Judicial Court · 1872
  3. Bremer v. Calumet & Chicago Canal & Dock Co.Illinois Supreme Court · 1889
  4. Winslow v. McCallNew York Supreme Court · 1860
  5. Segrest v. Segrest's HeirsSupreme Court of Alabama · 1863

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