Legal Opinion

The J. B. Lunt

District Court, S.D. New York

Decided July 1, 1853No. Case No. 7,246Published

1Opinion of the Court

BETTS, District Judge.

1. As between Hardy and the libellants, the latter, by force of the mortgage, are entitled at law to have possession of the brig against him, and hold it until satisfaction of the debt secured by it (Fuller v. Acker, 1 Hill, 473), and the right of possession is not interrupted by a seizure and sale under execution against the mortgagor while the possession remains with him (Id.). The conveyance of the vessel by way of mortgage, vested the legal title in the libellants, and would be sufficient to carry even the proceeds to them had she been disposed of. De Wolf v. Harris…

2Cases cited3 opinions

  1. Charter v. StevensNew York Supreme Court · 1846
  2. Patchin v. PierceNew York Supreme Court · 1834
  3. Wheeler v. MillerNew York Supreme Court · 1846

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