Jackson ex dem. Benton v. Laughhead
New York Supreme Court
This was an action of ejectment, brought to recover land in Vernon, in the county of Ontario. The cause was tried before Mr. Justice Livingston, at the Ontario circuit, the 20th of June, 1806. The lessor of the plain- ^ was ^ mortgagee, and the defendant the mortgagor, Gf j}je premises in question, who had continued in pos-1 , . session since the mortgage was given.
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This was an action of ejectment, brought to recover land in Vernon, in the county of Ontario. The cause was tried before Mr. Justice Livingston, at the Ontario circuit, the 20th of June, 1806. The lessor of the plain- ^ was ^ mortgagee, and the defendant the mortgagor, Gf j}je premises in question, who had continued in pos-1 , . session since the mortgage was given. It was insisted, on the part of the defendant, that he was entitled to no-to TT¡t, and some evidence of a notice was offered ; but a verdict was taken for the plaintiff, subject to the opinion of the court on the question, whether…
1Opinion of the CourtLivingston, J.
We are now to say, without argument, whether a mortgagor be entitled to notice to quit, and if so, when such notice is to be given.
In answering the first question, which is fixing a point of practice, I shall not think it necessary to go through the English cases, which are not sufficiently -uniform to be of much service, nor to ascertain whether a mortgagor be a tenant at sufferance, or at will, or from year to year. It is sufficient for my purpose, that he occupies with the mortgagee’s consent, and that by a perfect understánding between them, he uses the premises as his own. Most commonly…
2Cited by10 opinions
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- Page v. ColeSupreme Court of Iowa · 1858
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