Legal Opinion

Shottenkirk v. Wheeler

New York Court of Chancery

Decided January 6, 1818PublishedCited by 12 opinions

THE amended bill, filed the I6th of August, 1814, stated, among other things, that Abraham Skinner, on the 8th of May, 1783, executed a mortgage of a farm, of which he was then seized, in Amenia, in Dutchess county, to Joel Harvey, jun. to secure the payment of certain bonds.

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THE amended bill, filed the I6th of August, 1814, stated, among other things, that Abraham Skinner, on the 8th of May, 1783, executed a mortgage of a farm, of which he was then seized, in Amenia, in Dutchess county, to Joel Harvey, jun. to secure the payment of certain bonds. Part of the money was paid by A. S., in his life time, and he continued in possession of the premises until the 5th of February, 1787, when he died, leaving six infant children, from one to ten,years of age. (lev S., a son, died intestate, in 1805, leaving three children, plaintiffs. Joel, another son, died intestate,…

1Opinion of the Court

The Chancellor.

This is a bill filed by the heirs of Abraham Skinner, a mortgagor to redeem.

The defendants have raised several objections in bar of the demand.

The first, and perhaps the only objection which it will be requisite to consider, is the sale of the equity of redemption under a judgment and execution at law against Skinner, in favour of Thomas Thompson. The equity of redemption in the mortgaged premises was purchased at such sale by Thompson, and the premises are now held, partly under deeds from him, and partly under a foreclosure of the mortgage, and a sale under a decree of this *279oo…

2Cited by12 opinions

  1. Dorrance v. DorranceSupreme Court of Missouri · 1912
  2. Cochran v. EldridgeSupreme Court of Pennsylvania · 1865
  3. Lockett v. HurtSupreme Court of Alabama · 1876
  4. De Riemer v. CantillonNew York Court of Chancery · 1819
  5. Brooks v. HarrisonSupreme Court of Alabama · 1841

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