Pattison v. Taylor
New York Supreme Court
This was an action under the code, to foreclose a mortgage given with a bond to the plaintiff’s assignor, by one Potter, in 1812, and recorded in that year. The bond was payable by installments, and the last payment became due about thirty years before suit.
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This was an action under the code, to foreclose a mortgage given with a bond to the plaintiff’s assignor, by one Potter, in 1812, and recorded in that year. The bond was payable by installments, and the last payment became due about thirty years before suit. Some of the defendants answered, among other things, that Potter conveyed the land to the defendant Taylor over 30 years ago, and that Taylor had conveyed a part of it to the other defendants, who, with Taylor, purchased without actual knowledge of the bond or mortgage, and had been in peaceable possession claiming as owners over 20 years…
1Opinion of the CourtHand, J.
In Henderson v. Henderson, (3 Denio, 314,) which was debt on a judgment, the plea was that the right of action accrued more than 20 years before suit. The court held that the plea should have been payment. That upon that issue the plaintiff would have had an opportunity to repel the presumption arising under the statute by lapse of time. (2 R. S. 301, § 46.)
The provisions of the revised statutes, and not those of the code, in relation to limitations by time, apply to this case. And by section 48, after the expiration of 20 years from the time a right of action shall accrue upon a valid…
2Cases cited2 opinions
- Miller v. Smith's ExecutorsCourt for the Trial of Impeachments and Correction of Errors · 1836
- Henderson v. HendersonNew York Supreme Court · 1846
3Cited by2 opinions
- New York Life Insurance & Trust Co. v. CovertNew York Supreme Court · 1859
- Fisher v. Mayor of New YorkNew York Supreme Court · 1875