Chalabre v. Cortelyou

New York Court of Chancery

Chalabre v. Cortelyou

2 Paige Ch. 605, 1830 N.Y. LEXIS 382, 1830 N.Y. Misc. LEXIS 18

DecidedSeptember 7, 1830

StatusPublished

This text of 2 Paige Ch. 605 (Chalabre v. Cortelyou) 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

Chalabre v. Cortelyou, 2 Paige Ch. 605, 1830 N.Y. LEXIS 382, 1830 N.Y. Misc. LEXIS 18 (N.Y. 1830).

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Opinion

The Chancellor

decided, 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 [606]*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.

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The Chancellor

decided, 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 [606]*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.

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Bluebook (online)

2 Paige Ch. 605, 1830 N.Y. LEXIS 382, 1830 N.Y. Misc. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chalabre-v-cortelyou-nychanct-1830.