Mitchell v. Bartlett
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the report of a referee. On the 4th day of October, 1864, the plaintiff becanie the purchaser, at a foreclosure sale, of certain premises, under a decree which provided that the purchaser should be let into the possession of the premises sold upon production of the referee’s deed.
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APPEAL by the defendant from a judgment entered upon the report of a referee. On the 4th day of October, 1864, the plaintiff becanie the purchaser, at a foreclosure sale, of certain premises, under a decree which provided that the purchaser should be let into the possession of the premises sold upon production of the referee’s deed. By the terms of sale the plaintiff' was to complete his purchase of said premises on the 7th day of ¡November, 1864, and if he neglected so to do, he would thereafter be charged with interest upon the whole amount of his purchase. ■ The plaintiff refused to…
1Opinion of the Court
By the Court, Ingraham, J.
The question submitted to us in this case is whether a purchaser at a foreclosure sale is entitled to the rents of the mortgaged premises which accrue between the sale and the delivery of the deed, where such purchaser does not complete his purchase at the time designated in the terms of sale.
It is very clear that he is not entitled to any interest which accrues before the time fixed for the delivery of the deed. The sale is not perfect, and the deed is not to be delivered before that day. He is not required to pay interest, and he has therefore no claim to the…
2Cases cited3 opinions
- Astor v. TurnerNew York Court of Chancery · 1845
- Clason v. CorleyThe Superior Court of New York City · 1852
- McLaren v. . the Hartford Fire Ins. Co.New York Court of Appeals · 1851
3Cited by4 opinions
- Cheney v. . WoodruffNew York Court of Appeals · 1871
- Korn v. Metropolitan Elevated Railway Co.New York Supreme Court · 1891
- Robbins v. ArendtNew York Court of Common Pleas · 1893
- Mutual Life Insurance v. BalchNew York Supreme Court · 1877