Hyperlawhypertext legal database Barton v. Farbore 2 Sarat. Ch. Sent. 59

← Cases

Barton v. Farbore

2 Sarat. Ch. Sent. 59 Court COURT OF CHANCERY. Decision date 1842-08-16 English

Contents

Majority

p. 59
COURT OF CHANCERY.
DECISIONS OF THE CHANCELLOR,
AUGUST 16, 1842.
John Barton v. Francis D. Farbore.

Headnote

Jurisdiction in mortgage cases though less than $100 duo.
W. C. Noyes, for complainant.

This was a motion for a decree for the sale of mortgaged premises. The bill stated that the defendant was insolvent and out of the state, and that the mortgage did not contain any power of sale. The chancellor held that in such a case the court has jurisdiction, if the mortgaged premises are worth more than $100, although there is less than $100 due ; upon the ground that there is no other remedy, and there would otherwise he a failure of justice. (See 2 Paige, 324.)