Campbell v. Swan
New York Supreme Court
THIS was an action of ejectment. One Henry D. Eolph, in 1850, purchased the premises of Jared House, and gave back his mortgage for $1200, part of the purchase money.
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THIS was an action of ejectment. One Henry D. Eolph, in 1850, purchased the premises of Jared House, and gave back his mortgage for $1200, part of the purchase money. House assigned the mortgage to the plaintiff, Lewis Campbell, in January, 1863 ; - there being due and unpaid on it the sum of about $500. Eolph sold the premises by an executory contract of sale to the defendant, Jefferson L. Swan, in January, 1852. Swan went into possession and paid up the contract in full within three years, but has never received a conveyance of the premises. On the 3d day of August, 1854, he assigned his…
1Opinion of the CourtMorgan, J.
The defendant was in possession of the mortgaged premises under a contract of sale. Although he had paid up the vendor, he had' not paid up the mortgage ; and having purchased expressly subject to it, he was liable to be turned out of possession by its foreclosure in equity, if not by advertisement under the statute. He had however transferred his contract and his rights under it, as security for the payment of another demand. The plaintiff afterwards became the assignee of the defendant’s contract thus transferred, and also of the mortgage, the defendant still remaining in possession of the…
2Cases cited2 opinions
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Post v. ArnotNew York Supreme Court · 1845
3Cited by1 opinion
- Williamson v. StoneAppellate Court of Illinois · 1888