Reich v. . Cochran
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1914, which reversed an interlocutory judgment of Special Term overruling a demurrer to the amended complaint and sustained such demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1914, which reversed an interlocutory judgment of Special Term overruling a demurrer to the amended complaint and sustained such demurrer. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ” The action, as denominated by the counsel for either party, is to redeem from a mortgage with an accounting of rents and profits received. The facts alleged in the complaint, material to the question…
1Opinion of the CourtMiller, J.
It is undoubtedly the law that ejectment will lie against a mortgagee who has taken possession without the consent, express or implied, of the mortgagor, but not if the mortgagor consent to, or acquiesce in, the entry of the mortgagee. In the former case ejectment is an. adequate remedy, if the mortgagor seek merely to regain possession. But it does not follow that a mortgagor may not, if he choose, treat a mortgagee who has taken possession wrongfully as a mortgagee in possession. The only cases in the books disclosed by a diligent search in which a mortgagor was denied relief in equity on…
2Cases cited14 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Odell v. . MontrossNew York Court of Appeals · 1877
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Integrity Trust Co. v. St. Rita B. & L. Assn.Superior Court of Pennsylvania · 1933
- Adelson v. Sacred Associates Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1920
- Osinoff v. Gert Realty Corp.New York Court of Appeals · 1932
- Sumner v. SumnerAppellate Division of the Supreme Court of the State of New York · 1926
- Lee v. BeagellNew York Supreme Court · 1940
2 more not listed; retrieve them via the Exa API.