Brumley v. Fanning

New York Court of Chancery

Brumley v. Fanning

1 Johns. Ch. 501, 1815 N.Y. LEXIS 212, 1815 N.Y. Misc. LEXIS 45

CourtNew York Court of Chancery

DecidedSeptember 14, 1815

StatusPublished

Cited by1 cases

This text of 1 Johns. Ch. 501 (Brumley v. Fanning) 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

Brumley v. Fanning, 1 Johns. Ch. 501, 1815 N.Y. LEXIS 212, 1815 N.Y. Misc. LEXIS 45 (N.Y. 1815).

Pincite

Opinion

The Chancellor.

The 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 ?

Injunction refused,

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The Chancellor.

The 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 ?

Injunction refused,

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Bluebook (online)

1 Johns. Ch. 501, 1815 N.Y. LEXIS 212, 1815 N.Y. Misc. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brumley-v-fanning-nychanct-1815.

Opinion

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