Slyke v. Shelden
New York Supreme Court
This was an action of ejectment. The defendants appeared by different attorneys. The lands and premises in controversy were situated in the town of Little Falls, in the county of Herkimer. The complaint contained a single count.
Read the full summary
This was an action of ejectment. The defendants appeared by different attorneys. The lands and premises in controversy were situated in the town of Little Falls, in the county of Herkimer. The complaint contained a single count. The seisin of the plaintiff was stated to have been on January 2, 1849, and the entry and eviction On the part of the defendants to have been on January 8,1849. The complaint stated the plaintiff’s seisin to be derived from a mortgage given by Stephen Shelden to Roswell D. Brown, dated April 1, 1845, which mortgage had been duly assigned to the plaintiff, and had been…
1Opinion of the Court
By the Court, Gridley, J.
The plaintiff claims title to the premises in question in this suit by virtue of a mortgage, executed by Stephen Sheldon, one of the defendants, to Roswell D. Brown, and by him assigned to the plaintiff. The mortgage bears date on the first day of April, 1845, and the premises were sold, under a statute foreclosure, on the tenth day of July, 1847, and were purchased by the plaintiff. The defendants were admitted to be in possession.
The defendants’ counsel moved for a nonsuit at the trial, on the ground that no service of the notice of sale had been made on the…
2Cases cited5 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Runyan v. MersereauNew York Supreme Court · 1814
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Jackson, ex rel, Watson v. EstyNew York Supreme Court · 1831
3Cited by15 opinions
- Robinson v. . RyanNew York Court of Appeals · 1862
- Cole v. MoffittNew York Supreme Court · 1854
- Howard v. HatchNew York Supreme Court · 1859
- St. John v. BumpsteadNew York Supreme Court · 1853
- Weir v. BirdsallAppellate Division of the Supreme Court of the State of New York · 1898
10 more not listed; retrieve them via the Exa API.