Wood v. Lester
New York Supreme Court
APPEAL from a portion of a judgment entered at a special term. The action was brought to foreclose a mortgage. The complaint states that the defendant Melvin Power, on or about the 1st day of May, 1856, purchased of the plaintiff the premises therein described, for the consideration and price of $26,568.75. That $4000 of the purchase money was paid by Power, and on the day of the execution and delivery of the deed of the premises by the plaintiff, Power, in consideration…
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APPEAL from a portion of a judgment entered at a special term. The action was brought to foreclose a mortgage. The complaint states that the defendant Melvin Power, on or about the 1st day of May, 1856, purchased of the plaintiff the premises therein described, for the consideration and price of $26,568.75. That $4000 of the purchase money was paid by Power, and on the day of the execution and delivery of the deed of the premises by the plaintiff, Power, in consideration thereof, and in order to secure the residue of the purchase money, with interest, on the day aforesaid executed and…
1Opinion of the CourtWelles, J.
The mortgage by Power to the plaintiff provided, in express terms, that the former should deliver without unreasonable delay all the wood he might cut upon the mortgaged premises upon the line of the New York Central rail road, at the place designated, &o.; and that the plaintiff should have a lien upon all the said wood for the purchase money until the monthly installments should be fully paid, &c. It also provided for a similar lien upon the crops, &c.; and that Power should, from time to time, on demand of the plaintiff, execute and deliver to him such chattel mortgage or mortgages as…
2Cases cited1 opinion
- Bayley v. GreenleafSupreme Court of the United States · 1822
3Cited by4 opinions
- Van Hoozer v. CoryNew York Supreme Court · 1860
- Tarbel v. BradleyNew York Supreme Court · 1878
- Hale v. Omaha National BankThe Superior Court of New York City · 1871
- Riley v. SextonNew York Supreme Court · 1884