Hyland v. Stafford
New York Supreme Court
This was an action of trespass quare clausum fregit, tried before Pratt, justice, at the Oneida circuit. The .defendant, Loomis interposed a plea of title to the locus in quo, and on the trial, the plaintiff proved possession of the premises in himself for a number of years, and the entry by the defendant, Loomis, and the commission by him of the trespasses complained of.
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This was an action of trespass quare clausum fregit, tried before Pratt, justice, at the Oneida circuit. The .defendant, Loomis interposed a plea of title to the locus in quo, and on the trial, the plaintiff proved possession of the premises in himself for a number of years, and the entry by the defendant, Loomis, and the commission by him of the trespasses complained of. The defendant then gave in evidence. 1. A mortgage upon an undivided fourth of the. premises from the plaintiff to one Peter Murtough then deceased. 2d. Letters of administration upon the estate of Peter Murtough to John…
1Opinion of the Court
By the Court, Allen J.
John Murtough, the purchaser at the sale, upon the foreclosure of the mortgage, acquired no other or better title to the mortgaged premises than the mortgagee himself would have acquired had he been living. 1. He was the personal representative of the mortgagee, and could not for that reason claim the protection of a- bona fide purchaser, &e. 2d. He had actual notice of the usurious character of the *560mortgage. The mortgage being usurious, he acquired no title whatever which could avail him, either to protect his entry upon the premises, or to enable him to attack the…
2Cases cited4 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Anderson v. RobertsNew York Supreme Court · 1820
- Jackson ex dem. Skinner v. PackardNew York Supreme Court · 1831
- Jackson ex dem. Sternberg v. DominickNew York Supreme Court · 1817
3Cited by5 opinions
- Bissell v. KelloggNew York Supreme Court · 1871
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Penny v. CookSupreme Court of Iowa · 1865
- Herbert v. HerbertNew York Court of Common Pleas · 1879
- More v. DeyoeNew York Supreme Court · 1880