Jackson ex rel. Walsh v. Colden
New York Supreme Court
Ejectment for lot No. 126, in Pittstown patent, in thb town of Hoosick, and county of Rensselaer, tried, at the Rensselaer Circuit, December 13th, 1822, before his Honor (the late) Chief Justice Spencer.
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Ejectment for lot No. 126, in Pittstown patent, in thb town of Hoosick, and county of Rensselaer, tried, at the Rensselaer Circuit, December 13th, 1822, before his Honor (the late) Chief Justice Spencer. On the trial, the plaintiff introduced the following evidence : 1. A mortgage of the premises in question, executed by John Yander Speigel and Laura his wife to Golden, the defendant, dated January 22d, 1819, acknowledged before Asher Armstrong, a commissioner to take the acknowlédgments of deeds, on the same 22d day of January; and by Laura,.his wife, on the 29th of the same month; and…
1Opinion of the CourtSutherland, J.
The plaintiff claims title to the premises in question, under a mortgage given by John Yander Speigel to the defendant, bearing date January 22d, 1819, which was assigned by the defendant to the lessor of the plaintiff, on the 2d day of February in the same year.
The mortgage was foreclosed under the statute ; and the premises sold on the 9th day of August, 1821, to the lessor of the plaintiff, he being the highest bidder; and this action is brought, to recover the possession of the mortgaged premises thus sold.
The plaintiff’s title is resisted on several grounds. 1. It is contended that the…
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