Ex parte Merrian
New York Supreme Court
Motion for a mandamus, to be directed to the treasurer and comptroller of this state, requiring the former to receive the amount alleged to be due the state upon certain premises owned by the relator, which are included in a mortgage to the state, and requiring the latter to execute an instrument discharging such premises from the lien of the mortgage.
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Motion for a mandamus, to be directed to the treasurer and comptroller of this state, requiring the former to receive the amount alleged to be due the state upon certain premises owned by the relator, which are included in a mortgage to the state, and requiring the latter to execute an instrument discharging such premises from the lien of the mortgage. The material facts established by the affidavit are as follows: On the 16th • day of May, 1816, S. Dewitt mortgaged to the people of the state, 322 acres of land, part of lot 97 in the township of Ulysses, to secure a loan of f1200. He died in…
1Opinion of the Court
By the Court, Jewett, J.
The relator claims an absolute right under the provisions of the revised statutes, (1 R. S. 175, § 33 et seq.) to have his part of the mortgaged premises discharged upon payment by him of the amount of the mortgage *256debt charged thereon, in the separate account.- These provi sions, in terms, direct the giving of such discharge upon payment of the debt charged upon a separate parcel of the premises mortgaged, in respect to which a separate account has been opened. (§ 37.) Before a new account is opened the comptroller is to be satisfied that the residue of the lot is of…
2Cited by1 opinion
- Senft v. VanekIllinois Supreme Court · 1904