New York Court of Chancery, 1815

Brumley v. Fanning

Brumley v. Fanning
New York Court of Chancery · Decided September 14, 1815
1 Johns. Ch. 501; 1815 N.Y. LEXIS 212; 1815 N.Y. Misc. LEXIS 45

Counsel

Munro, for the plaintiff.

Brumley v. Fanning

Opinion of the Court

The Chancellor.

The plaintiff has parted with his fee, at law, to the mortgagees, and has sold his equity of redemption to Fanning. He, therefore, has no interest remaining in the land, and can have no action concerning it. On what ground, then, can he enjoin the exercise of the rights'of the owner ? He will be answerable for what the land fails towards satisfying the debt; so. must a surety for the insolvency of his principal; but can he control his improvident acts ?

Injunction refused, (a)

Vide Scott v. Wharton, (2 Hen. & Mun. Rep. 25.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.