Sahler v. Signer
New York Supreme Court
THIS is an appeal by the defendants from a judgment rendered in favor of the plaintiff in an action to recover the possession of real estate, with damages for the withholding thereof. The cause was tried at the Ulster circuit in January, 1865, and the premises were situated in that county. The judgment was for the plaintiff, to recover the possession of the premises with $150 damages, besides the costs of the action.
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THIS is an appeal by the defendants from a judgment rendered in favor of the plaintiff in an action to recover the possession of real estate, with damages for the withholding thereof. The cause was tried at the Ulster circuit in January, 1865, and the premises were situated in that county. The judgment was for the plaintiff, to recover the possession of the premises with $150 damages, besides the costs of the action. All the material facts are stated in the findings of the judge who tried the cause, without a jury. These findings are as follows, to wit: 1. That one Isaac L. Hasbrouck being…
1Opinion of the Court
By the Court, Hogeboom, J.
In a case between the same parties reported in 37 Barb. 329, the legal effect of the paper dated 12th December, 1848, was considered and determined. That decision, adopted after, mature deliberation, we do not propose to re-examine, if we are at liberty to do so. The paper must be held to be a mortgage, so far as the premises purchased are concerned, and the legal relation between Isaac L. Hasbrouck and J ames C. Forsyth to be that of mortgagor and mortgagee. When, therefore, in August, 1852, after the death of Isaac L. Hasbrouck, Signer purchased of Forsyth his…
2Cases cited1 opinion
- Sahler v. SignerNew York Supreme Court · 1861
3Cited by11 opinions
- Spect v. SpectCalifornia Supreme Court · 1891
- Kelso v. NortonSupreme Court of Kansas · 1902
- Bailey v. RichardsonCalifornia Supreme Court · 1885
- Clark v. RowellNew York County Court, Delaware County · 1937
- Delaware National Bank of Delhi v. Wiss, New York County Courts1936
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