Legal Opinion

Davis v. Duffie

New York Court of Appeals

Decided September 15, 1867PublishedCited by 3 opinions

Smith and Oliver Davis brought this action in the superior court, against Cornelius R. Duffie and others, to redeem certain lands, 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 E. Duffie, dated March 8, 1888, which mortgage was given to secure the payment of one hundred dollars, and interest, within two years from its elate.

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Smith and Oliver Davis brought this action in the superior court, against Cornelius R. Duffie and others, to redeem certain lands, 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 E. Duffie, dated March 8, 1888, which mortgage was given to secure the payment of one hundred dollars, and interest, within two years from its elate. The court, at special term, gave judgment for the plaintiffs,— holding .that they were entitled to redeem the premises from the lien of the mortgage, and determining the…

1Opinion of the Court

By the Court.

Bockes, J.

The record shows that on September 2, 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 September 10,1840, obtained a decree of foreclosure and sale, under which decree a sale was had, and the defendant Duffie, the…

2Cases cited2 opinions

  1. Platner v. SherwoodNew York Court of Chancery · 1822
  2. Phelps v. PhelpsNew York Court of Chancery · 1838

3Cited by3 opinions

  1. Avery v. . EverettNew York Court of Appeals · 1888
  2. Slade v. JosephNew York Court of Common Pleas · 1874
  3. Baker v. WalesThe Superior Court of New York City · 1873

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