Wetmore v. Winans
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the eighth circuit, denying the application of the defendants for an order to set aside a decree of foreclosure and sale, and for leave to the defendants to except to the report of the vice chancellor, acting as a master ; to whom it was referred to compute the amount due upon the complainants’ bond and mortgage, and to report whether the mortgaged premises could be sold in separate parcels without injury to the…
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This was an appeal from a decision of the vice chancellor of the eighth circuit, denying the application of the defendants for an order to set aside a decree of foreclosure and sale, and for leave to the defendants to except to the report of the vice chancellor, acting as a master ; to whom it was referred to compute the amount due upon the complainants’ bond and mortgage, and to report whether the mortgaged premises could be sold in separate parcels without injury to the interests of the parties. By a stipulation, signed by the solicitors of the respective parties, the answer of the…
1Opinion of the Court
The Chancellor.
The 197th rule authorizes a reference to a vice chancellor, with his assent, whether the suit or proceeding is before the chancellor or a vice chancellor. He may, therefore, execute the order of reference, if he thinks proper to do so, although the suit or proceeding in which such order is entered is pending before himself. In such cases, where there is no written stipulation between the parties dispensing with the Usual forms of proceeding, the reference is to be executed in the usual way; and the report is to be confirmed as in other cases, before any further proceedings can…
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