Brevoort v. Randolph
New York Supreme Court
A question of redemption under a corporation sale on a mortgage foreclosure. The following statement of facts were agreed upon by the respective counsel: Mortgaged premises sold on the 28th June 1843, by the corporation of the city of New' York, at an assessment sale, for non payment thereof. Were struck off to defendant for $166'09, upon a lease for one thousand years. On the 11th June 1845, Breevort, plaintiff, deposited with the street commissioner $214‘59 to redeem.
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A question of redemption under a corporation sale on a mortgage foreclosure. The following statement of facts were agreed upon by the respective counsel: Mortgaged premises sold on the 28th June 1843, by the corporation of the city of New' York, at an assessment sale, for non payment thereof. Were struck off to defendant for $166'09, upon a lease for one thousand years. On the 11th June 1845, Breevort, plaintiff, deposited with the street commissioner $214‘59 to redeem. Defendant, as purchaser, received $214*59, less $2 for commisions, shortly after the 11th June 1845. Only notice of…
1Opinion of the Court
Edwards, Justice.
It is not pretended that the proceedings of the corporation in assessing the mortgaged premises were irregular. It is said, however, that after the sale of the property, the notice required by the statute had not been given, in order to cut off the right of redemption. If such was the case, the irregularity had no other effect than to extend the period of re*399demption. The mortgagee’s right to redeem was complete as soon as the property was assessed, and if he paid the amount of the assessment at any time before the expiration of the time for redemption fixed by the statute, he…
2Cases cited1 opinion
- Eagle Fire Insurance v. PellNew York Court of Chancery · 1835
3Cited by1 opinion
- Sidenberg v. . ElyNew York Court of Appeals · 1882