Carll v. Hart
New York Supreme Court
This action was brought to foreclose a mortgage executed by John Hart to Phinehas Carll—accompanied by a bond of the mortgagor—on the 19th of October, 1805, for $1460, payable on or before the 1st day of May then next, with interest. The mortgagee died in 1828, leaving a will, of which the plaintiff was appointed executor. In 1831 the mortgagor died, leaving a will, of which Joel S. Hart was appointed executor.
Read the full summary
This action was brought to foreclose a mortgage executed by John Hart to Phinehas Carll—accompanied by a bond of the mortgagor—on the 19th of October, 1805, for $1460, payable on or before the 1st day of May then next, with interest. The mortgagee died in 1828, leaving a will, of which the plaintiff was appointed executor. In 1831 the mortgagor died, leaving a will, of which Joel S. Hart was appointed executor. Joel S. Hart was originally a party defendant in the action; he died, and the defendant Isaac Hi Hart, executor of” his will, was substituted in his place. The defendants, in their…
1Opinion of the Court
By the Court, T. R. Strong, J.
If the provision of the revised statutes (2 R. S. 301, § 48) in respect to the presumption of payment arising from the lapse of time, in reference to scaled instruments, is applicable to this case, its operation was prospective ; it affected the right of action in like manner only as if the demand accrued when the provision took effect. (Waddell v. Elmendorf 12 Barb. 583. People v. Supervisors of Columbia, 10 Wend. 363. Fairbanks v. Wood, 17 Id. 329. Van Rensselaer v. Livingston, 12 Id. 490. Sayre v. Wisner, S Id. 661. Wadsworth v. Thomas, 7 Barb. 445.) Giving it…
2Cases cited4 opinions
- People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
- Wadsworth v. ThomasNew York Supreme Court · 1849
- Park v. PeckNew York Court of Chancery · 1829
- Ingalls & Stockman v. MorganNew York Supreme Court · 1851