Craig v. Tappin
New York Court of Chancery
The case came before the court on an original bill filed by John Craig to foreclose a mortgage executed to him by Hugh Graham and wife, and upon a cross bill exhibited by Tappin, a subsequent mortgagee of the same premises. Craig’s mortgage was dated May 1, 1839, and was conditioned for the payment of $18,000 in five years with interest half yearly, according to Graham’s bond of the same date.
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The case came before the court on an original bill filed by John Craig to foreclose a mortgage executed to him by Hugh Graham and wife, and upon a cross bill exhibited by Tappin, a subsequent mortgagee of the same premises. Craig’s mortgage was dated May 1, 1839, and was conditioned for the payment of $18,000 in five years with interest half yearly, according to Graham’s bond of the same date. It conveyed divers lands in the city of New York, was acknowledged in Illinois where the grantors resided, on the 24th of December, 1839, and was recorded January 21st, 1840. The bill filed by Craig,…
1Opinion of the Court
The Assistant Vice-Chancellor.
The answer to the cross bill being evidence in the cross suit, I think that Tappin’s case stands quite as favorably for him in the original suit, as it does in the cross suit, or in both combined. I will therefore consider the case at large as it is presented by the pleadings and testimony in the original suit.
Fraud constitutes the principal ground of defence, and in support of it there are several distinct evidences relied upon.
First. The mortgage expresses a consideration of $18,000, when it is said there was not much more than a third of that sum due at the…
2Cases cited7 opinions
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Divver & Gunton v. McLaughlinNew York Supreme Court · 1829
- Stoughton v. PascoSupreme Court of Connecticut · 1825
- Hubbard v. SavageSupreme Court of Connecticut · 1830
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- Townsend v. ToddSupreme Court of the United States · 1876
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