New York Court of Appeals
Augustus P. Dudley, Appellant v. the Congregation of the Third Order of St. Francis, Respondent
June 6, 1893138 N.Y. 451
Summary
The Court affirmed the judgment for the Congregation of the Third Order of St. Francis. It held that the mortgage executed without a Supreme Court order under the 1854 act was void, and that the plaintiff could not obtain a personal judgment on the bond in the same action because the equitable cause of action was not established.