Post v. Arnot
New York Supreme Court
On error from the supreme court. Arnot brought ejectment in the court below against Post and the other plaintiffs in error, and obtained a verdict, which the defendants in that court moved to set aside on a bill of exceptions. The motion was denied, and judgment was entered on the verdict; upon which the defendants bring error here.
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On error from the supreme court. Arnot brought ejectment in the court below against Post and the other plaintiffs in error, and obtained a verdict, which the defendants in that court moved to set aside on a bill of exceptions. The motion was denied, and judgment was entered on the verdict; upon which the defendants bring error here. The facts, together with the opinion of the court, are reported in 6 Hill, 65. The leading facts upon which the questions of law arise may be briefly recapitulated as follows. Both parties derived title from Joseph Vial,, who with Uriah Smith owned the premises…
1Opinion of the Court
Hard, Senator.
It is. undoubtedly a well settled principle that a tender at the day, of the amount secured by a mortgage upon lands, extinguishes the lien. It has been decided in this state, although the principle is a departure from the ancient law, that a tender after the day, and before foreclosure, discharges the lien. But where the mortgage has been foreclosed theie is no authority for saying that a tender to the purchaser under the foreclosure will extinguish his title. The case of Jackson v. Crafts, (18 John. 110,) referred to in the opinion of the court below does not contain any such…
2Cases cited5 opinions
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Edwards v.Farmers' Fire Insurance & Loan Co.New York Supreme Court · 1839
- Jackson ex dem. Bowers v. CraftsNew York Supreme Court · 1820
- Merritt v. LambertNew York Court of Chancery · 1838
- Farmers' Fire Insurance & Loan Co. v. EdwardsNew York Supreme Court · 1841
3Cited by21 opinions
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- Olmstead v. TarsneySupreme Court of Missouri · 1879
- DeLashmutt v. SellwoodOregon Supreme Court · 1882
- Peabody v. RobertsNew York Supreme Court · 1866
- Perre v. CastroCalifornia Supreme Court · 1860
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