Legal Opinion

Jackson v. Stackhouse

New York Supreme Court

Decided May 15, 1823PublishedCited by 33 opinions

Ejectment, tried before his honour Mr. Justice Wood- ’ worth, at the Warren Circuit, June 11th, 1821. Verdict f°r the plaintiff, subject to the opinion of the Court tin the following case : A mortgage, for the premises in question, was executed by James £,. Thurman to Nicholas Rosevelt, dated Dec. 29th, . 1812, with a bond of the same date, as collateral security, m the penal sum of $7400, conditioned for the payment of $3700, in 10 years from the date, with interest.

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Ejectment, tried before his honour Mr. Justice Wood- ’ worth, at the Warren Circuit, June 11th, 1821. Verdict f°r the plaintiff, subject to the opinion of the Court tin the following case : A mortgage, for the premises in question, was executed by James £,. Thurman to Nicholas Rosevelt, dated Dec. 29th, . 1812, with a bond of the same date, as collateral security, m the penal sum of $7400, conditioned for the payment of $3700, in 10 years from the date, with interest. Sept. 17, 1815, Rosevelt assigned the mortgage to John Cramer, who, on the 18th January, 1817, re-assigned to Rosevelt, who,…

1Opinion of the Court

Curia, per Woodworth, J.

The defendant was not entitled to notice to quit; there was no privity either of contract or estate between the defendant and the lessor of , the plaintiff The relationship of landlord and tenant did not exist between him and the mortgagee. (2 John. 84. 4 John. 215. 3 John, 422.) The indorsement on the bond by Roseveit, was intended to discharge Thurman from personal liability only, and that the mortgage should remain a lien, pn the land. It may be questioned, whether the writing can-*126have any effect. A release, not by deed, and without consideration, is void ; (13…

2Cases cited3 opinions

  1. Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
  2. Crawford v. MillspaughNew York Supreme Court · 1816
  3. Jackson ex dem. Ferris v. FullerNew York Supreme Court · 1809

3Cited by33 opinions

  1. Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
  2. Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
  3. Grumley v. WebbSupreme Court of Missouri · 1869
  4. Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1915
  5. Jackson ex dem. Church v. MillerNew York Supreme Court · 1827

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