Westervelt v. Haff

New York Court of Chancery

Westervelt v. Haff

4 Edw. Ch. 619, 1845 N.Y. LEXIS 514, 1845 N.Y. Misc. LEXIS 10

DecidedJanuary 6, 1845

StatusPublished

This text of 4 Edw. Ch. 619 (Westervelt v. Haff) 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

Westervelt v. Haff, 4 Edw. Ch. 619, 1845 N.Y. LEXIS 514, 1845 N.Y. Misc. LEXIS 10 (N.Y. 1845).

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Opinion

The Vice-Chancellor :

The defendant, Francis W. Speck, must apply to the chancellor to dismiss the appeal, so far as it is taken from that part of the decree which directs a sale of the premises No. 38 McDougall street; for, as to that portion as well as other parts appealed from, I am apprehensive the appeal operates as a stay by virtue of the 86 § section of the statute relating to appeals. At the same time, I certainly think it ought not to have the effect of delaying Mr. Speck in the recovery of his mortgage debt; but still I see no other course for him to take, except that of ap[621]*621plying to the chancellor to dismiss the appeal so far as it stands in the way of a sale for his benefit.

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The Vice-Chancellor :

The defendant, Francis W. Speck, must apply to the chancellor to dismiss the appeal, so far as it is taken from that part of the decree which directs a sale of the premises No. 38 McDougall street; for, as to that portion as well as other parts appealed from, I am apprehensive the appeal operates as a stay by virtue of the 86 § section of the statute relating to appeals. At the same time, I certainly think it ought not to have the effect of delaying Mr. Speck in the recovery of his mortgage debt; but still I see no other course for him to take, except that of ap[621]*621plying to the chancellor to dismiss the appeal so far as it stands in the way of a sale for his benefit.

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Bluebook (online)

4 Edw. Ch. 619, 1845 N.Y. LEXIS 514, 1845 N.Y. Misc. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westervelt-v-haff-nychanct-1845.