Trimm v. . Marsh
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs, entered upon the decision of the court at Special Term, and ordering a new trial. (Reported below,. 3 Lans., 509.) This was an action for an accounting as to the amount due upon a bond and mortgage, and for the recovery of the possession of the mortgaged premises, upon payment of the-amount due.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs, entered upon the decision of the court at Special Term, and ordering a new trial. (Reported below,. 3 Lans., 509.) This was an action for an accounting as to the amount due upon a bond and mortgage, and for the recovery of the possession of the mortgaged premises, upon payment of the-amount due. In 1858 one Ridgway, being the owner of certain- premises situate in the city of New York, mortgaged them to an insurance company to secure $2,000; the insurance…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The only legal proposition involved in this case, which we deem it important to consider, is whether a mortgagee of real estate in possession can cause the equity of redemption of the mortgagor to be sold on an execution and become the purchaser of the same, and, after obtaining the sheriff's deed, set up his title thus acquired against the claim of the mortgagee to redeem from the mortgage in an equitable action commenced by him for that purpose; or, to state…
2Cases cited4 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Packer v. . the Rochester and Syracuse R.R. Co.New York Court of Appeals · 1858
- Truax v. ThornNew York Supreme Court · 1848
3Cited by52 opinions
- New York v. MacLaySupreme Court of the United States · 1933
- Riggs v. . PursellNew York Court of Appeals · 1876
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Holmes v. GravenhorstNew York Court of Appeals · 1933
- In Re Ever Krisp Food Products Co.Michigan Supreme Court · 1943
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