People's Savings Bank v. Nebel
People's Savings Bank v. Nebel
Opinion of the Court
The bill in this case is filed to foreclose a mortgage given by Joseph and Aaron Karrer to complainant, March 4, 1884. It covered three parcels or descriptions of land. The defendant Nebel on the 18th of November, 1887, purchased two of the parcels subject to the mortgage.
On ,the same day the mortgage was given, the complainant executed the following agreement, and delivered the same to the Karrers:
“Whereas, Joseph Karrer and Aaron Karrer, partners composing the firm of J. Karrer & Bro., have delivered to the People’s Savings Bank, a real-estate mortgage bearing date the 9th day of February, A884:
“Now, therefore, the People’s Savings Bank hereby agrees to release and discharge from the operation of said mortgage any piece or parcel of land described therein, upon payment to it at any time of a sum equal to the amount of the value of such piece or parcel of land so released or discharged.
“The People’s Savings Bank,
“By M. W. O’Brien, Cashier.
“Dated March 4, 1884.”
Under this agreement, which is a part of the mortgage, and to be construed with it, Nebel claims the right to redeem the parcels owned by him by paying to complainant the amount of the value of such parcels at the date of such agreement, March 4, 1884, with their proportionate share of the interest accrued upon the original debt. The court below found against this claim, and that the value of the piece or parcel to be released under the agreement was the value of the same at the time the release was to be made.
We think it clear from the reading of the agreement that the court was correct in this ruling. If it had been
The proposition of defendant’s counsel that, “ when the proportion of the principal sum mentioned in the mortgage is to be ratably chargeable upon each of several lots contained in the mortgage, due regard must be had to the relative value of each lot at the ’date of the mortgage,” and the cases cited to sustain it, do not apply here.
The decree of the court below is affirmed, with costs.
The defendant Nebel, if he so desires, will be entitled to have the lands covered by the mortgage sold in the inverse order of alienation.
Counsel cited Stevens v. Cooper, 1 Johns. Ch. 425; Parkman v. Welch, 19 Pick. 231, 237-239; Morrison v. Beckwith, 4 T. B. Mon. 73, 76, 77.
Reference
- Full Case Name
- The People's Savings Bank v. Edward J. Nebel
- Status
- Published