Jackson ex dem. Sternberg v. Dominick
New York Supreme Court
THIS-was an action of ejectment brought to recover part of a farm in Minden9 in the county of Montgomery, and was tried before Mr. Justice Spencer, at the Montgomery circuit, in August, 1816. The plaintiff gave in evidence a deed from Abraham Van Alstine, jun. and his wife, to the lessor of the plaintiff, dated April the 6th, 1812, and proved that Van Alstine had been in possession of the farm for many years before, claiming and using it as his own.
Read the full summary
THIS-was an action of ejectment brought to recover part of a farm in Minden9 in the county of Montgomery, and was tried before Mr. Justice Spencer, at the Montgomery circuit, in August, 1816. The plaintiff gave in evidence a deed from Abraham Van Alstine, jun. and his wife, to the lessor of the plaintiff, dated April the 6th, 1812, and proved that Van Alstine had been in possession of the farm for many years before, claiming and using it as his own. The defendant gave in evidence a mortgage from Abraham Van Alstine, jun. for the premises in question, to the defendant, recorded the 21st of…
1Opinion of the CourtVan Ness, J.
In the case of Jackson, ex dem. Bartlett, v. Henry, (10 Johns. Rep. 185.) it was decided, that a bona fide purchaser, without notice, under a sale duly made pursuant to the statute, by virtue of a power contained in a mortgage, is not affected by usury in the original debt for which the bond and mortgage were given. The court there considered such a sale as equivalent to a foreclosure and sale under a decree of a court of equity, and that it could not be'defeated, to the prejudice of a bona fide purchaser, on the ground of usury. That case was likened to the case of a contract originally…
2Cited by13 opinions
- Hemphill v. WatsonTexas Supreme Court · 1884
- Cole v. SavageNew York Court of Chancery · 1844
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Keim v. VetteSupreme Court of Missouri · 1902
- American Rubber Co. v. WilsonMissouri Court of Appeals · 1894
8 more not listed; retrieve them via the Exa API.