¶1decided, that as between the devisee and the creditors of the testator, she was bound to account for the rents and profits of the devised premises, or to allow them as part payment in ascertaining the amount due on her bond an d mortgage. And it being admitted that those rents and *606profits were equal to the interest which had accrued on her' mortgage in the mean time, she was only permitted to retain the amount of the principal, out of the proceeds of a sale of the mortgaged premises.
2 Paige Ch. 605
Chalabre v. Cortelyou
Decided September 7, 1830
New York Court of Chancery · decided 1830-09-07
The bill in this case was filed by a bond creditor of Dan-lei Cortelyou, deceased, against his devisees, to obtain satisfaction of the debt due to the complainant. A house and ten acres of land were devised to the defendant, Martha Cortelyou, who previously held a mortgage upon the same premises, to secure a debt from the testator.
Decided 1830-09-07