Public-domain · open source
OpenJurist

4 Johns. Ch. 115

Nichols v. Wilson

New York Court of Chancery

Decided August 21, 1819

New York Court of Chancery · decided 1819-08-21

BILL to stay the proceeding to sell under a power contained in a mortgage, upon a charge that considerable payments have been made, and «se nojcreáited or allowed, and that, by a parol agreement, when the mortgage was taken, the time of payment was enlarged. An injunction was allowed at the expiration nearly of the six months, on a deposit of a sum sufficient to meet the expenses of advertising, &c. The answer admitted some payments, and denied others.

Decided 1819-08-21

Per Curiam.

¶1The motion is granted upon terms, viz. that six weeks further notice be given by the defendants, of the time and place of sale, and that, in the mean time, a reference be had to compute the balance due, and that the master give notice to the solicitor for the plaintiff, of the time and place of such inquiry, and that on the payment or tender of the balance, so to be ascertained, together with the costs of proceeding under the power, and the costs of *116this suit, no sale be had; and, further, that no sale be had until the balance shall have been thus ascertained.

¶2The injunction was allowed in May last, and within a few days of the expiration of the six months, and it. would produce unreasonable delay, to compel the defendants to renew an advertisement for six months. A short additional notice, under the direction of this court, will satisfy the ends of justice, and of the statute, as this court is now in possession of the cause, at the instance of the mortgagor. Six weeks further notice, in connection with the six months already given, will answer all the beneficial purposes of notice, as it respects the plaintiffs, who may want time to redeem, and as it respects the public,..who may want an opportunity to buy.

¶3Order accordingly.

/4/johnsch/115 · .json · Public domain