King v. McVickar
New York Court of Chancery
The first cause was a bill filed October 7th, 1842, by James G. King, Edward Prime, Samuel Ward and Denning Duer, transacting business under the name and firm of Prime, Ward & King; against Benjamin Vickar and Isaphene, his wife, John L. Lawrence, administrator, &e., of Isaac Lawrence, deceased, and William. Beach Lawrence.
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The first cause was a bill filed October 7th, 1842, by James G. King, Edward Prime, Samuel Ward and Denning Duer, transacting business under the name and firm of Prime, Ward & King; against Benjamin Vickar and Isaphene, his wife, John L. Lawrence, administrator, &e., of Isaac Lawrence, deceased, and William. Beach Lawrence. All of the defendants suffered the bill to be taken as confessed, except J. L. Lawrence, administrator, dec., who put in an answer, setting up against the claim of the complainants, various rights and equities founded upon the right of. McVickar to compel W. B. Lawrence to…
1Opinion of the Court
The Assistant Vice-Chancellor.
At the time the transaction in controversy was brought to a close with the American Life Insurance and Trust Company in June 1841, their mortgages executed by Dr. McVickar, were .indisputably valid liens upon fourteen lots of ground, eight of which had been conveyed by McVickar to W. B. Lawrence on the 15th of May preceding, and six were still owned by McVickar himself.
So far as the Trust Company is shown to have had any notice, the whole sum requisite to discharge their mortgages was a charge upon all the lands mortgaged, and that company might have released any…
2Cases cited2 opinions
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
- Kellogg v. WoodNew York Court of Chancery · 1834
3Cited by1 opinion
- Jackson ex dem. Hyer v. Van ValkenburghNew York Supreme Court · 1828