Halsey v. Christie

New York Supreme Court

Halsey v. Christie

21 Wend. 9

CourtNew York Supreme Court

DecidedJanuary 15, 1839

StatusPublished

Cited by2 cases

This text of 21 Wend. 9 (Halsey v. Christie) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Halsey v. Christie, 21 Wend. 9 (N.Y. Super. Ct. 1839).

Pincite

Opinion

By the Court,

Nelson, Ch. J.

The charge of the court was clearly erroneous. As between the mortgagor and mortgagee, the mortgage was a valid security, and vested the property in the mortgagee; and then the affidavit being admitted to be defective, the justice had not jurisdiction to issue an attachment which would enable the party suing out the same to take the usual ground in these cases, to wit, that the mortgage was executed in fraud of creditors.

Judgment reversed; venire de nova ; costs to abide the event.

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By the Court,

Nelson, Ch. J.

The charge of the court was clearly erroneous. As between the mortgagor and mortgagee, the mortgage was a valid security, and vested the property in the mortgagee; and then the affidavit being admitted to be defective, the justice had not jurisdiction to issue an attachment which would enable the party suing out the same to take the usual ground in these cases, to wit, that the mortgage was executed in fraud of creditors.

Judgment reversed; venire de nova ; costs to abide the event.

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Bluebook (online)

21 Wend. 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halsey-v-christie-nysupct-1839.

Opinion

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