Gage v. . Brewster
New York Court of Appeals
0$r the 9th of January, 1855, James Thompson, being seized of a parcel of land situate in the town of Brighton, in the county of Monroe, executed and delivered to one Amos 0. Miller a mortgage on said premises, to secure the payment of $100 and interest from the date thereof, in four equal annual payments from the same date. Miller afterwards assigned the said mortgage to the defendants. Two installments of principal and interest were paid, on said mortgage.
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0$r the 9th of January, 1855, James Thompson, being seized of a parcel of land situate in the town of Brighton, in the county of Monroe, executed and delivered to one Amos 0. Miller a mortgage on said premises, to secure the payment of $100 and interest from the date thereof, in four equal annual payments from the same date. Miller afterwards assigned the said mortgage to the defendants. Two installments of principal and interest were paid, on said mortgage. At sometime prior to the 29th of February, 1856, Thompson conveyed said premises to Thomas Byder. On the last mentioned day, Byder…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] I am of opinion that the plaintiff was entitled to redeem, by paying the mortgage debt, principal and interest, and is not obliged to pay the costs of the foreclosure suit commenced by the defendants against Thompson and the Ryders. The plaintiff was not affected by the foreclosure suit upon the defendants' mortgage, to which he was not made a party. He was, therefore, entitled to redeem, precisely as though no such action had been brought, namely, by paying the…
2Cases cited1 opinion
- Vroom v. DitmasNew York Court of Chancery · 1834
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