Murray v. . Walker
New York Court of Appeals
This is an action of ejectment, brought to recover the possession of certain lands and premises in the city of Auburn. The land in controversy belonged to the State, and was part of the Auburn State prison property, and was sold in 1847 under and by virtue of an act of the legislature passed in that year. One Theron Green became the purchaser, and received on the 17th of September, 1847, a certificate of purchase from the then surveyor-general of the State.
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This is an action of ejectment, brought to recover the possession of certain lands and premises in the city of Auburn. The land in controversy belonged to the State, and was part of the Auburn State prison property, and was sold in 1847 under and by virtue of an act of the legislature passed in that year. One Theron Green became the purchaser, and received on the 17th of September, 1847, a certificate of purchase from the then surveyor-general of the State. This certificate stated that Green had purchased, that he had paid a part of the purchase-money, and that the balance was payable in the…
1Opinion of the Court
Since an equitable defense may now be interposed to an action of ejectment, as well as to any other action at law, it would seem, from the conceded facts in this case, that there could hardly be room for doubt as to the correctness of the decision of the Supreme Court. What is a mortgage, in its comprehensive sense? Kent says (vol. 4, p. 151, of his Commentaries), "A mortgage is the conveyance of an estate by way of pledge for the security of debt, and to become void on payment of it. The legal ownership is vested in the creditor, but, in equity, the mortgagor remains the actual owner, until…
2Cited by22 opinions
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Carr v. . CarrNew York Court of Appeals · 1873
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Fiedler v. . DarrinNew York Court of Appeals · 1872
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
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