Jackson ex dem. Curtis v. Bronson
New York Supreme Court
EJECTMENT for land in Onondaga, tried before Mr. Justice Yates, at the Onondaga circuit, in June, 1821. The lessor of the plaintiff proved a title under Abijah Earl, for a lot of 60 acres, by a deed to him, dated 3d of March, 1801, duly recorded on the same day, and that the defendant was in possession of six acres of the land.
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EJECTMENT for land in Onondaga, tried before Mr. Justice Yates, at the Onondaga circuit, in June, 1821. The lessor of the plaintiff proved a title under Abijah Earl, for a lot of 60 acres, by a deed to him, dated 3d of March, 1801, duly recorded on the same day, and that the defendant was in possession of six acres of the land. The defendant proved a mortgage from Curtis to Earl, dated March, 1801, of the whole lot to secure payment to the state of 405 dollars and 62 cents, and to indemnify Earl. Also, a deed from Earl to the defendant for the premises in question, dated 5th of June, 1804. A…
1Per curiam
It is now well settled, that the mortgagee has a mere chattel interest: and the mortgagor is considercd as the proprietor of the freehold. The mortgage is-deemed a mere incident to the bond or personal security. for the debt; and the assignment of the interest of the mortgagee in the land, without an assignment of the debt, is considered in law as a nullity.
In the case of Runyan v. Mersereau, (11 Johns. Rep. 534.) it was decided that the, mortgagor, or a purchaser of the equity of redemption, may maintain tresspass against the mortgagee,. or a person acting under his license. There the…
2Cited by28 opinions
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Dutton v. WarschauerCalifornia Supreme Court · 1863
- Beck v. McGillisNew York Supreme Court · 1850
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
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