Judiah Ellsworth, Appellant v. Hansford N. Lockwood, and Others, Respondents

Summary

The Court reversed the lower court, holding that the plaintiff was not entitled to an assignment of Lockwood's mortgage because he was not a surety, and that the mortgagee could not lawfully sell the entire tract when the plaintiff had offered to purchase a parcel sufficient to satisfy the debt. The Court ordered a new trial. Justice Earl dissented, arguing the plaintiff had no right to compel an assignment and that the mortgagee could sell the whole property.