Legal Opinion

Jermain v. Langdon

New York Court of Chancery

Decided August 6, 1839PublishedCited by 7 opinions

This was an application on the part of Langdon and wife, two of the defendants, to set aside the order taking the bill as confessed in this cause against the defendant, J. Langdon, with costs. The bill was filed to foreclose a mortgage given by J. Langdon to W. Hunt; which mortgage was afterwards duly assigned to the complainant. At the time of the giving of the mortgage Langdon and his wife resided in the state of New-Hampshire.

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This was an application on the part of Langdon and wife, two of the defendants, to set aside the order taking the bill as confessed in this cause against the defendant, J. Langdon, with costs. The bill was filed to foreclose a mortgage given by J. Langdon to W. Hunt; which mortgage was afterwards duly assigned to the complainant. At the time of the giving of the mortgage Langdon and his wife resided in the state of New-Hampshire. They were therefore proceeded against as absentees. And an order for publication was obtained, upon an affidavit of the complainant’s solicitor that he had "taken…

1Opinion of the Court

The Chancellor.

It is not necessary to consider the question at this time, which was raised on the argument, whether a proceeding against a party as a non-resident, *43who has a fixed and notorious domicil in this state at the time, is absolutely void as against him, for want of jurisdiction ; where the order for publication has been obtained upon a proper affidavit showing that the defendant was a non-resident at that time. For if this proceeding as to Langdon is void for want of jurisdiction, he cannot be injured by a sale under this decree; as his rights in that case will be the same as if no…

2Cited by7 opinions

  1. Commercial Credit Corp. v. SmithTexas Supreme Court · 1945
  2. Kitchen v. CrawfordTexas Supreme Court · 1855
  3. Gray v. . SchenckNew York Court of Appeals · 1851
  4. Gilbert v. AusterWisconsin Supreme Court · 1908
  5. Close v. Van HusenNew York Supreme Court · 1851

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