Watt v. Watt
New York Court of Chancery
This was an appeal, by the complainant, from an order of tbe vice chancellor of the first circuit, setting aside an order to take the bill as confessed against M. G. Pinckney, one of the defendants; and allowing her to put in the answer of which a copy was used upon the application.
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This was an appeal, by the complainant, from an order of tbe vice chancellor of the first circuit, setting aside an order to take the bill as confessed against M. G. Pinckney, one of the defendants; and allowing her to put in the answer of which a copy was used upon the application. The original bill was filed in November, 1840, upon the oath of the complainant, to foreclose a mortgage executed in August, 1834, by the defendant Archibald Watt, to the complainant, upon a very large number of unimproved building lots in the twelfth ward of the city of New-York. The mortgage was given to secure…
1Opinion of the Court
The Chancellor.
An examination of the facts in this case will show, that the vice chancellor erred in permitting the grantee of Archibald Watt to come in and inake a defence in this cause which the grantor himself was not authorized to make, at the time of the conveyance from him to such grantee, in March, 1843. At the time of the filing of the bill in this cause, the title to the equity of redemption, in nearly all of the *373mortgaged premises which had not been released from the lien of the mortgage, was in A. Watt the mortgagor. And the respondent was made a party defendant only because she…
2Cases cited1 opinion
- Bank of Utica v. FinchNew York Court of Chancery · 1845
3Cited by1 opinion
- Vanderveer's Administrator v. HolcombSupreme Court of New Jersey · 1871