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.
Read the full summary
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…
1Dissent
The question presented is, what was "the right, title and interest" of which Elizabeth C. Brown was seized in the mortgaged premises after condition broken, and the mortgagee, or rather the assignee of the mortgagee, had, by adverse proceedings, legally obtained and continued in possession thereof? The execution under which the sheriff sold the premises (if it conformed to the statute, as we must presume it did) authorized the sale of "the real estate" of Brown (2 R.S., 267, § 24), which, as stated by KENT, is an estate nothing short of a freehold (3 Kent's Com. [11th ed.], 509); and after…
2Cases cited27 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- People v. RathbunNew York Supreme Court · 1839
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Phyfe v. RileyNew York Supreme Court · 1836
- McFarland v. WheelerNew York Supreme Court · 1841
22 more not listed; retrieve them via the Exa API.