Legal Opinion

Eagle Fire Co. v. Lent

New York Court of Chancery

Decided August 1, 1837PublishedCited by 40 opinions

This was an appeal from a decree of the vice chancellor of the first circuit. The bill was filed to foreclose a mortgage executed by Jacob I. Maybee to the complainants. Maybee claimed title to the mortgaged premises under an ordinary deed of bargain and sale from the four children of B. Evesson, who formerly owned the same as tenants in common.

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This was an appeal from a decree of the vice chancellor of the first circuit. The bill was filed to foreclose a mortgage executed by Jacob I. Maybee to the complainants. Maybee claimed title to the mortgaged premises under an ordinary deed of bargain and sale from the four children of B. Evesson, who formerly owned the same as tenants in common. At the time of the execution of the deed two of the grantors were under twenty-one ; but they had never done any act to avoid the deed after they became of age, and the grantee and his assigns had continued in the undisturbed possession of the…

1Opinion of the Court

The Chancellor.

As the defendant Cozine went into possession of the premises as purchaser of the equity of redemption from the mortgagor, and subject to the complainants’ mortgage, he cannot set up an adverse title in a stranger for the purpose of preventing a sale of the whole mortgaged premises for the satisfaction of the mortgage. It was therefore unnecessary and would have been improper for the complainants to make the infant grantor, in whom the outstanding title to one fourth of the premises is supposed by Cozine to be, a party to this suit. And if B» Evesson had been made a party he…

2Cited by40 opinions

  1. Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
  2. Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
  3. St. Lawrence Co. v. HoltWest Virginia Supreme Court · 1902
  4. Bradley v. ParkhurstSupreme Court of Kansas · 1878
  5. Banning v. BradfordSupreme Court of Minnesota · 1875

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