Clift v. White
New York Supreme Court
This was an action to restrain and perpetually enjoin the foreclosure of a mortgage given by one Artemas L. Freeman to Daniel Kellogg in his lifetime, for $2500, upon 280 acres of land owned, at the time of the execution of the mortgage, by the mortgagor. The plaintiffs now own about 123 acres of the mortgaged premises, and claim that the mortgage became merged in the fee upon the purchase of the premises by George F. Leitch, one of the executors of the mortgagee.
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This was an action to restrain and perpetually enjoin the foreclosure of a mortgage given by one Artemas L. Freeman to Daniel Kellogg in his lifetime, for $2500, upon 280 acres of land owned, at the time of the execution of the mortgage, by the mortgagor. The plaintiffs now own about 123 acres of the mortgaged premises, and claim that the mortgage became merged in the fee upon the purchase of the premises by George F. Leitch, one of the executors of the mortgagee. The action was referred, by consent of parties, and a judgment was entered upon the report of the referee, in favor of the…
1Opinion of the Court
By the Court, W. F. Allen, J.
I shall assume, for all the purposes of this case, that the learned refefee is right in his conclusion, upon the evidence, that Leitch, by his purchase at *73the master’s sale, in 1840, acquired the fee of the mortgaged premises, in his individual capacity, and not as executor or trustee; for if upon such purchase the mortgage held and owned by him and others as executors was extinguished by merger in the estate thus acquired, a fortiori would such mortgage interest have merged in a like estate acquired by him as executor. Indeed I do not understand it to be…
2Cases cited5 opinions
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
- Russell v. AllenNew York Court of Chancery · 1843
- McKinstry v. CurtisNew York Court of Chancery · 1844
- New-York Life Insurance & Trust Co. v. SmithNew York Court of Chancery · 1847
3Cited by3 opinions
- New York Public Library v. TildenNew York Supreme Court · 1902
- Jaquess v. Board of CommissionersOhio Superior Court, Cincinnati · 1856
- Wait v. Van DemarkNew York Supreme Court · 1888