Wood v. . Morehouse
New York Court of Appeals
Appeal from a judgment of the late G-eneral Term of the Supreme Court in the fifth district, affirming a judgment dismissing the complaint on a trial before the court without a jury- The plaintiffs, children and heirs-at-law of Theodore Wood, who died in October, 1838, bring this action to redeem certain premises, of which their ancestor died seized, from a mortgage which had been given by the grantor of the ancestor prior to the conveyance to him.
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Appeal from a judgment of the late G-eneral Term of the Supreme Court in the fifth district, affirming a judgment dismissing the complaint on a trial before the court without a jury- The plaintiffs, children and heirs-at-law of Theodore Wood, who died in October, 1838, bring this action to redeem certain premises, of which their ancestor died seized, from a mortgage which had been given by the grantor of the ancestor prior to the conveyance to him. The mortgage was a purchase-money mortgage, given by one Cowing to Daniel Kellogg, in October, 1835. In 1837 Cowing conveyed to Wood, subject to…
1Opinion of the CourtAllen, J.
If the sheriff’s sale and the conveyance to Davis in pursuance of such sale were effectual to divest the plaintiffs of their estate and interest in the mortgaged premises, the complaint was properly dismissed, as the equity of redemption had, before the foreclosure, become vested in another. The execution upon the judgment had issued, and the premises had been advertised for sale by the sheriff, during the life of the judgment debtor, but the sale was made and the proceedings completed after his death. Process having been issued for the collection of the judgment by the sale of the real…
2Cases cited9 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Pettit v. ShepherdNew York Court of Chancery · 1835
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Wood v. . RobinsonNew York Court of Appeals · 1860
- Nichols v. ChapmanNew York Supreme Court · 1832
4 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- People Ex Rel. Wallington Apartments, Inc. v. MillerNew York Court of Appeals · 1942
- Conley v. RedwineSupreme Court of Georgia · 1900
- Finlayson v. PetersonNorth Dakota Supreme Court · 1896
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Olds v. City of JamestownNew York Court of Appeals · 1939
51 more not listed; retrieve them via the Exa API.