Cottrell v. Adams
U.S. Circuit Court for the Northern District of Illnois
This was an action of ejectment brought by the plaintiff as assignee of a certain mortgage given by the defendant, John Adams, to the Kenosha & Rockford Railroad Company for the premises in question. The mortgage was in due form, and, with the assignment thereof, was the only title which the plaintiff presented. No exception was. TSken by the defendant to the mortgage or assignment, but it was claimed that they did not make out such a legal title as authorizes, a recovery.
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This was an action of ejectment brought by the plaintiff as assignee of a certain mortgage given by the defendant, John Adams, to the Kenosha & Rockford Railroad Company for the premises in question. The mortgage was in due form, and, with the assignment thereof, was the only title which the plaintiff presented. No exception was. TSken by the defendant to the mortgage or assignment, but it was claimed that they did not make out such a legal title as authorizes, a recovery. The assignment under which the-plaintiff claimed is as follows: “Know all men by these presents, that the Kenosha &…
1Opinion of the Court
BLODGETT, District Judge.
The only question to be decided is, whether this assignment is such a grant of the fee of the •mortgaged premises as authorizes the as-signee to maintain an action of ejectment for the recovery of the premises conveyed. The rule is well settled that a mortgagee can maintain ejectment after condition broken, for the recovery of the mortgaged premises; but when an assignee attempts to exercise the rights of the mortgagee, it seems to me, he must, if he would attempt to recover the possession of the premises by ejectment, show a conveyance or grant to himself of the…
2Cases cited5 opinions
- Carroll v. BallanceIllinois Supreme Court · 1861
- Karnes v. LloydIllinois Supreme Court · 1869
- Nelson v. PinegarIllinois Supreme Court · 1863
- Smith v. KelleySupreme Judicial Court of Maine · 1847
- Warden v. AdamsMassachusetts Supreme Judicial Court · 1818
3Cited by3 opinions
- Barrett v. HinckleyIllinois Supreme Court · 1888
- Lanigan v. SweanySupreme Court of Arkansas · 1890
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874