Layman v. Whiting
New York Supreme Court
MOTION for judgment on a verdict for the plaintiff subject to the opinion of the court on a case made by the plaintiff. The action was ejectment. On the trial the plaintiff, for the purpose of proving a title in himself, gave in evidence a mortgage executed by the defendant to the plaintiff on the first day of April, 1852, on the premises in controversy, to secure the payment of $325 in three annual payments.
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MOTION for judgment on a verdict for the plaintiff subject to the opinion of the court on a case made by the plaintiff. The action was ejectment. On the trial the plaintiff, for the purpose of proving a title in himself, gave in evidence a mortgage executed by the defendant to the plaintiff on the first day of April, 1852, on the premises in controversy, to secure the payment of $325 in three annual payments. The plaintiff then proved by proper affidavits the publication and posting of a notice of sale of the premises, pursuant to the statute and the power contained in the mortgage, for a…
1Opinion of the CourtGreene, J.
I think this motion should have been made at a general term, but as the parties have argued it here without objection, I have concluded to examine and decide it, and the motion can be renewed in form at the general term, if either party desires to review the decision, there.
The plaintiff was bound to show a title in .himself at the time of the commencement of the action. The title upon which he relies is founded upon the foreclosure of the mortgage executed by the defendant, and proof of a, regular and complete foreclosure is essential to the validity of that title. The only questions raised…
2Cases cited1 opinion
- Arnot v. McClureNew York Supreme Court · 1847
3Cited by3 opinions
- Howard v. HatchNew York Supreme Court · 1859
- Bryan v. ButtsNew York Supreme Court · 1858
- Paul v. FriesSupreme Court of Florida · 1882