Moore v. Cable
New York Court of Chancery
BILL for the redemption of a mortgage. On the 26th of February, 1789, William Brown, being seised of the premises, lot No. 54., in Smith & Graves’s patent, conveyed the same to Joseph Roe, who, for securing the purchase money, reconveyed them to Brown, by mortgage, dated the 27th of February, 1789, and conditioned for the payment of 40Z. with interest, on the 1st of May, 1790. On the 28th of October, 1794, the mortgage was assigned to the defendant, for the consideration of…
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BILL for the redemption of a mortgage. On the 26th of February, 1789, William Brown, being seised of the premises, lot No. 54., in Smith & Graves’s patent, conveyed the same to Joseph Roe, who, for securing the purchase money, reconveyed them to Brown, by mortgage, dated the 27th of February, 1789, and conditioned for the payment of 40Z. with interest, on the 1st of May, 1790. On the 28th of October, 1794, the mortgage was assigned to the defendant, for the consideration of 30/., by the brother of Brown, as his attorney. The heirs of Roe, on the 1st of August, 1807, sold and conveyed the…
1Opinion of the Court
The Chancellor.
Two questions are presented by this case.
1. Is the plaintiff entitled to redeem ?
2. Is the defendant entitled to an allowance for the improvements he made while in possession, by clearing a part ?
1. It appears that Cable, the assignee of the mortgagee, took actual possession of the premises in. the year 1800, though he had exercised acts of ownership previous to that time. It does not appear in what those acts of ownership consisted, nor how long, previous to the time of the actual entry, those acts had taken place. It was in the power of the defendant, as the fact was within…
2Cited by27 opinions
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Way v. WayIllinois Supreme Court · 1872
- Thomas v. . EvansNew York Court of Appeals · 1887
- Shaw v. G. B. Beaumont Co.Supreme Court of New Jersey · 1917
- Whiting v. AdamsSupreme Court of Vermont · 1894
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