Jackson ex dem. Clark v. Babcock
New York Supreme Court
THIS was an action of ejectment, in which the lessor claimed as a purchaser of the premises in question under a judgment. Benjamin Ballow, afterwards, on the 28th of August last, purchased a mortgage on the same premises, and took an assignment thereof, and also purchased a judgment prior to that under which the lessor of the plaintiff claimed title. in the place of the present defendant.
1Opinion of the Court
Per Curiam,
It was decided in Wisner v. Wilcocks, (Col. Cases, 56.) that it was the privity of interest, and not the receiving of rents, which was the true test, as to the admission of a person to defend as landlord; and that a mortgagee out of possession might be let in to defend, in an action of ejectment brought to recover the premises. There is the same connection between the assignee of the mortgagee, and the tenant, as between the mortgagee himself and the tenant. We see no reason, therefore, why this motion ought not to be granted; so far, at least, as to let in Ballow, as landlord, to…
2Cited by4 opinions
- Williams v. BruntonIllinois Supreme Court · 1846
- Sand v. ChurchAppellate Division of the Supreme Court of the State of New York · 1898
- Den ex dem. Nathan v. FenSupreme Court of New Jersey · 1799
- Heidenheimer Bros. & Jones v. JohnstonCourt of Appeals of Texas · 1878