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Eights v. Woodworth

1 Sarat. Ch. Sent. 80 Court Saratoga Ch. Ct. Decision date 1842-01-22 English

Contents

Majority

p. 1075
Mary Eights et al. v. John Woodworth et al.

Headnote

Mortgage foreclosu re— County clerk’s fees.
Otis Allen for complainant.
J. Rhoades for defendants.

In this case the chancellor decided that under § 13 of the Act of 1840, to reduce the expense of foreclosing mortgages in the court of chancery, a county clerk can only charge for searches at the rate of 10 cents for each conveyance of, or incumbrance upon, the mortgaged premises, found and certified; where the charge, at that rate, amounts to 50 cents or more. Motion for relaxation denied.