Ten Eyck v. Craig
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action was brought to redeem, from a mortgage held by the defendants’ testator, property in Rochester, known as “ Congress Hall,” and for an accounting of the rents and profits received therefrom.
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Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action was brought to redeem, from a mortgage held by the defendants’ testator, property in Rochester, known as “ Congress Hall,” and for an accounting of the rents and profits received therefrom. The following are the findings of fact and conclusions of law by the court: On the 23d of April, 1860, Nelson P. Stewart, then being the owner in fee of certain real estate, situate in the city of Rochester, known as “Congress Hal),” executed a mortgage of that property, and of a…
1Opinion of the Court
Gilbert, J.:
There are two insuperable objections to the granting of the relief which the plaintiff seeks, unless a mortgagee can be con*460verted into a trustee. In the first place, the conveyance from Mrs. Sanger to him, under which alone he claims any interest in the premises in controversy, is wholly inoperative and void as against the defendants, for the reason that, when said conveyance was made, the decedent, Mr. Craig, was in possession of said premises, claiming under a title adverse to that of Mrs. Sanger.* There is, therefore, a fatal lack of that privity, which is requisite to entitle…
2Cases cited8 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Williams v. . TownsendNew York Court of Appeals · 1865
- Clark v. BushNew York Supreme Court · 1824
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