Patchin v. Pierce
New York Supreme Court
This was an action of trespass, tried at the Schoharie circuit in November, 1831, before the Hon. James Yanderpoel, one of the circuit judges.
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This was an action of trespass, tried at the Schoharie circuit in November, 1831, before the Hon. James Yanderpoel, one of the circuit judges. The suit was brought for the taking, about the 22d June, 1831, of two mares, the alleged property of the plaintiff! The defendant took the mares by the direction of Sally Hickok, the administratrix of the estate of Horace Hickok, by virtue of a mortgage executed by the plaintiff to Horace Hickok and Benjamin Hickok, bearing date 15th April, 1830, whereby the plaintiff conveyed a span of bay mares and several head of cattle. The mortgage was conditioned…
1Opinion of the Court
By the Court,
Nelson, J.
The judge erred in the submission of this case to the jury, upon the grounds stated by him.' After the default in payment of the money secured by the mortgage, the title to the property became absolute in the mortgagees, and they or their representatives had a right to’ reduce it to possession. 8 Johns. R. 96. 7 Cowen, 290. 9 Wendell, 80. Notwithstanding the forfeiture and perfection of the title in the mortgagee in such a case, I have always supposed, and have no doubt, that in equity, upon well settled *63principles, the mortgagor has the right to redeem. If such remedy…
2Cases cited2 opinions
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