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.