Ray v. Oliver

New York Court of Chancery

Ray v. Oliver

6 Paige Ch. 489, 1837 N.Y. LEXIS 297, 1837 N.Y. Misc. LEXIS 87

DecidedJune 20, 1837

StatusPublished

This text of 6 Paige Ch. 489 (Ray v. Oliver) 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

Ray v. Oliver, 6 Paige Ch. 489, 1837 N.Y. LEXIS 297, 1837 N.Y. Misc. LEXIS 87 (N.Y. 1837).

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Opinion

Upon an application for the re-sale of mortgaged premises in this case, the Chancellor decided, that as there was no law and no rule of the court rendering it absolutely necessary that the title of the cause should be inserted in the master’s notice of sale under a decree, the sale was not irregular, although no part of the title of the cause was inserted in the notice upon which such sale was made. He said, however, that it was proper to insert the title of the suit briefly in the notice of sale, by stating the name of the first complainant and of the first defendant at length, and by adding the words “ and others” where there were several complainants or defendants, for the purpose of attracting the attention of those who were interested in the premises, to such notice of sale.

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Upon an application for the re-sale of mortgaged premises in this case, the Chancellor decided, that as there was no law and no rule of the court rendering it absolutely necessary that the title of the cause should be inserted in the master’s notice of sale under a decree, the sale was not irregular, although no part of the title of the cause was inserted in the notice upon which such sale was made. He said, however, that it was proper to insert the title of the suit briefly in the notice of sale, by stating the name of the first complainant and of the first defendant at length, and by adding the words “ and others” where there were several complainants or defendants, for the purpose of attracting the attention of those who were interested in the premises, to such notice of sale.

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Bluebook (online)

6 Paige Ch. 489, 1837 N.Y. LEXIS 297, 1837 N.Y. Misc. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-oliver-nychanct-1837.