Davis v. Duffie
New York Court of Appeals
Appeal from an order for a new trial. This action was brought by Smith and Oliver Davis, in the superior court of the city of blew York, against Cornelius R. Duffie and others, to redeem certain lots and premises, situated in said city, from the effect and lien of a mortgage covering the same, made by the plaintiff, Smith Davis, to the defendant, Cornelius R. Duffie, dated March 8, 1838, which mortgage was given to secure the payment of $100, and interest, within two years…
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Appeal from an order for a new trial. This action was brought by Smith and Oliver Davis, in the superior court of the city of blew York, against Cornelius R. Duffie and others, to redeem certain lots and premises, situated in said city, from the effect and lien of a mortgage covering the same, made by the plaintiff, Smith Davis, to the defendant, Cornelius R. Duffie, dated March 8, 1838, which mortgage was given to secure the payment of $100, and interest, within two years from its date. • The court at special term gave judgment for the plaintiffs,—holding that they were entitled to redeem…
1Opinion of the CourtBockes, J.
The record shows that on the 2nd day of September, 1839, the mortgagor, Smith Davis, was convicted of forgery in the second degree, and was sentenced to the State prison at Sing Sing, for seven years from that time, and that he was confined there during the period of his sentence.
That while he was there in confinement the mortgagee took proceedings to foreclose the mortgage in the court of chancery, before the vice-chancellor of the first circuit, and on the 10th September, 1840, obtained a decree of foreclosure and sale, under which decree a sale was had, and the defendant Duffie, the…
2Cases cited2 opinions
- Platner v. SherwoodNew York Court of Chancery · 1822
- Phelps v. PhelpsNew York Court of Chancery · 1838
3Cited by3 opinions
- Green v. StateAppellate Division of the Supreme Court of the State of New York · 1937
- In re the Estate of WeberNew York Surrogate's Court · 1938
- Bonnell v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1877