Gill v. Lyon
New York Court of Chancery
THE following are the material facts in this case : On the 9th of July, 1806, Benjamin Willson (defendant) sold and conveyed to John Wells, (defendant,) 163 acres of land, in Oxford, in the county of Chenango, and, at the same time, took a mortgage from Wells, to secure the payment of the purchase money, and which was duly registered on the day of its date.
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THE following are the material facts in this case : On the 9th of July, 1806, Benjamin Willson (defendant) sold and conveyed to John Wells, (defendant,) 163 acres of land, in Oxford, in the county of Chenango, and, at the same time, took a mortgage from Wells, to secure the payment of the purchase money, and which was duly registered on the day of its date. On the 21st of May, 1807, William W. Rodman and others, obtained a judgment in the supreme court against Wells and one Amos Rood. Robert Cheeseborough and William Cairns also obtained judgment in the same-court against Wells and Rood, both…
1Opinion of the Court
The Chancellor.
The mortgage ought, justly, to be borne by the lands purchased by Gill, if sufficient to satisfy it; and Lyons and the other purchasers from the mortgagor, prior to the judgments, are not bound in equity to bear a ratable proportion of the mortgage debt, uhless the residue of the mortgaged premises shall not be sufficient to extinguish it. The doctrine of contribution does not apply as between *449Lyons and the other purchasers from Wells, on the one part, and Gill on the other, because their equity is not equal. Lyons, and the others, purchased for the full value, and under a…
2Cited by13 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Brinckerhoff v. LansingNew York Court of Chancery · 1819
- Clowes v. DickensonNew York Court of Chancery · 1821
- Chase v. WoodburyMassachusetts Supreme Judicial Court · 1850
- Lyman v. LymanSupreme Court of Vermont · 1859
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