Waller v. Harris
New York Supreme Court
Appeal from chancery. The appellant filed a bill against the respondent before the vice chancellor of the fourth circuit, to redeem a lot of land sold under a foreclosure of a mortgage, executed by one Daniel Mason to William Stevenson in the year 1824, of which the respondent had become the assignee, and which was foreclosed by her.
Read the full summary
Appeal from chancery. The appellant filed a bill against the respondent before the vice chancellor of the fourth circuit, to redeem a lot of land sold under a foreclosure of a mortgage, executed by one Daniel Mason to William Stevenson in the year 1824, of which the respondent had become the assignee, and which was foreclosed by her. The title set up by the appellant as the foundation of his right to redeem was a sheriff’s deed of the premises, executed to him on the 5th November, 1833, under this state of facts : On the 12th July, 1825, one Galvin Barker obtained a judgment against Daniel…
1Opinion of the Court
After advisement, the following opinions were delivered:
By Chief Justice Nelson.
Although this case is quite voluminous, and the points presented somewhat diffuse, it involves but a single question : and that is, whether Waller, the appellant, entitled himself to the benefit of the purchase of the premises under the judgment in favor of Barker, and consequently to the sheriff’s deed, by virtue of his attempt to redeem on the 35th October, 1833 1 If he did, he acquired the interest of Mason, the mortgagor, in the premises, and of course the equity of redemption, and is entitled to pay off the…
2Cited by78 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Ex parte HardySupreme Court of Alabama · 1880
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- City of Beardstown v. City of VirginiaIllinois Supreme Court · 1875
- Irving v. . CampbellNew York Court of Appeals · 1890
73 more not listed; retrieve them via the Exa API.