Ingraham v. . Baldwin
New York Court of Appeals
Action to recover possession of land. On the 1st of July, 1818, Bateman Wells, who was then owner and in possession, executed a mortgage of the premises in question to Russell Wells, payable in one year from its date. The mortgage was foreclosed by advertisement under the statute, by Leonard Wells, executor of the will of the mortgagee. The first publication of the notice of sale was made June 19, 1839; and the premises were sold in December following to Samuel A. Gilbert.
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Action to recover possession of land. On the 1st of July, 1818, Bateman Wells, who was then owner and in possession, executed a mortgage of the premises in question to Russell Wells, payable in one year from its date. The mortgage was foreclosed by advertisement under the statute, by Leonard Wells, executor of the will of the mortgagee. The first publication of the notice of sale was made June 19, 1839; and the premises were sold in December following to Samuel A. Gilbert. After the purchase by Gilbert, the widow of the mortgagor was allowed to remain in possession of the premises until her…
1Opinion of the CourtGardiner, J.
With the evidence which had been adduced by the plaintiffs when the motion fór a nonsuit was made, the learned judge was correct in refusing the motion. Neither a demand of possession nor notice to quit was necessary, if the jury were satisfied that a tenancy, or the relation of vendor and purchaser, existed between the plaintiffs or those under whom, they claimed, and the defendant, and that the latter had repudiated that relation by setting up a claim in hostility to the title of his landlord or vendor. (Taylor L. & T., 47, and cases; 3 Wend., 339; Adams Eq., 104; 2 Phil. Ev., 276, 2d ed.)
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2Cases cited2 opinions
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
- Jackson ex dem. Haverly v. FrenchNew York Supreme Court · 1829
3Cited by30 opinions
- Blinn v. . SchwarzNew York Court of Appeals · 1904
- Franklin v. MeridaCalifornia Supreme Court · 1868
- Jones v. . ReillyNew York Court of Appeals · 1903
- Tilyou v. . ReynoldsNew York Court of Appeals · 1888
- Moran v. MoranMichigan Supreme Court · 1895
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