New York Court of Chancery, 1830

Chalabre v. Cortelyou

Chalabre v. Cortelyou
New York Court of Chancery · Decided September 7, 1830
2 Paige Ch. 605; 1830 N.Y. LEXIS 382; 1830 N.Y. Misc. LEXIS 18
Chalabre v. Cortelyou

Opinion of the Court

The Chancellor

decided, that as between the devisee and the creditors of the testator, she was bound to account for the rents and profits of the devised premises, or to allow them as part payment in ascertaining the amount due on her bond an d mortgage. And it being admitted that those rents and *606profits were equal to the interest which had accrued on her' mortgage in the mean time, she was only permitted to retain the amount of the principal, out of the proceeds of a sale of the mortgaged premises.

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