Brumley v. Fanning

Decided September 14, 1815

New York Court of Chancery · decided 1815-09-14

THIS was a bill for an injunction. On the 2d of April, 1812, the plaintiff purchased a farm of the Westchester Manufacturing Society, and gave a bond and mortgage to secure part of the purchase money. On the 22d of September, 1812, he conveyed the equity of redemption to Fanning, subject to the mortgage, which Fanning undertook to discharge; but the plaintiff took no security, by way of indemnity against the bond.

Cited by 1 later decisions — most recently April 1889

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1815-09-14

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The Chancellor.

¶1The plaintiff has parted with his fee, at law, to the mortgagees, and has sold his equity of redemption to Fanning. He, therefore, has no interest remaining in the land, and can have no action concerning it. On what ground, then, can he enjoin the exercise of the rights'of the owner ? He will be answerable for what the land fails towards satisfying the debt; so. must a surety for the insolvency of his principal; but can he control his improvident acts ?

¶2Injunction refused, (a)

¶3Vide Scott v. Wharton, (2 Hen. & Mun. Rep. 25.)