Barton v. Farbore

New York Court of Chancery

Barton v. Farbore

2 Sarat. Ch. Sent. 59, 1842 N.Y. LEXIS 524

DecidedAugust 16, 1842

StatusPublished

This text of 2 Sarat. Ch. Sent. 59 (Barton v. Farbore) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barton v. Farbore, 2 Sarat. Ch. Sent. 59, 1842 N.Y. LEXIS 524 (N.Y. 1842).

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Opinion

This was a motion for a decree for the sale of mortgaged premises. The bill stated that the defendant was insolvent and out of the state, and that the mortgage did not contain any power of sale. The chancellor held that in such a case the court has jurisdiction, if the mortgaged premises are worth more than $100, although there is less than $100 due ; upon the ground that there is no other remedy, and there would otherwise he a failure of justice. (See 2 Paige, 324.)

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This was a motion for a decree for the sale of mortgaged premises. The bill stated that the defendant was insolvent and out of the state, and that the mortgage did not contain any power of sale. The chancellor held that in such a case the court has jurisdiction, if the mortgaged premises are worth more than $100, although there is less than $100 due ; upon the ground that there is no other remedy, and there would otherwise he a failure of justice. (See 2 Paige, 324.)

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Bluebook (online)

2 Sarat. Ch. Sent. 59, 1842 N.Y. LEXIS 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barton-v-farbore-nychanct-1842.

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