Edwards v.Farmers' Fire Insurance & Loan Co.
New York Supreme Court
This was an action of ejectment, tried at the Erie circuit in July, 18¡37, before the Hon. Addison Gardner, then one of the circuit judges,.-. • . The' action was brought to recover certain premises yrhich had been mortgaged by the plaintiff to the defen d- ■ ants, and which had been bought ip by the defendants at p master’s sale, in púrsuance of a decree of foreclosure of such mortgage, and subsequent to which sale the plaintiff had tendered to the defendants th.e full…
Read the full summary
This was an action of ejectment, tried at the Erie circuit in July, 18¡37, before the Hon. Addison Gardner, then one of the circuit judges,.-. • . The' action was brought to recover certain premises yrhich had been mortgaged by the plaintiff to the defen d- ■ ants, and which had been bought ip by the defendants at p master’s sale, in púrsuance of a decree of foreclosure of such mortgage, and subsequent to which sale the plaintiff had tendered to the defendants th.e full amount .of the moneys due upon the mortgage, and. the - costs of foreclosure: whereby the plaintiff contended, under the…
1Opinion of the Court
*481By the Court,
Cowen, J.
Mr. Maxwell’s deposition was clearly admissible, as well to show that the company were properly made defendants, as for other purposes of the cause. It proved that the defendants claimed title to-the premises in question. No doubt was raised that the president had power to speak in reply to the tender. The reason assigned by him for refusing to accept the money was, that the defendants had made a contract to sell. This implied a legal right in the company. It was in effect “ claiming title or interest,” within the terms of 2 R. S. 230, § 4, 2d ed. It is supposed, that in…
2Cases cited9 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Patchin v. PierceNew York Supreme Court · 1834
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Van Dyne v. ThayreNew York Supreme Court · 1838
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
- State v. WhiteSupreme Court of Kansas · 1877
- Mitchell v. RobertsUnited States Circuit Court · 1883
32 more not listed; retrieve them via the Exa API.