Legal Opinion

Miller v. Hull

New York Supreme Court

Decided January 15, 1847PublishedCited by 21 opinions

Ejectment for lands in Cortland county, tried at the circuit court for that county in August, 1844, before the Hon. B. Whiting, C. Judge. The plaintiff claimed title to the premises in question by virtue of a statute foreclosure of a mortgage covering the premises, executed by the defendant on the 22d of May, 1832, to one Stephen Chipman, and by the administrator of Chip-man assigned to Sally Chipman, and by the latter to the plaintiff.

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Ejectment for lands in Cortland county, tried at the circuit court for that county in August, 1844, before the Hon. B. Whiting, C. Judge. The plaintiff claimed title to the premises in question by virtue of a statute foreclosure of a mortgage covering the premises, executed by the defendant on the 22d of May, 1832, to one Stephen Chipman, and by the administrator of Chip-man assigned to Sally Chipman, and by the latter to the plaintiff. The mortgage was given to secure $2200, payable on the first day of January, 1838, with annual interest. The affidavits produced to establish the regularity…

1Opinion of the Court

By the Court, Beardsley, J.

The mortgage sale was advertised to take place on the 21st of March, at which time, and at the place appointed for the sale, it was adjourned to the 10th *107of April. By mistake the printer stated in his next paper, and so onwards, that the sale was postponed to the 16th instead of the 10th of April, as the fact was. The sale took place according to the printed notice, on the 16th, and the judge held that this was valid. In this, I think he erred. The statute directs the mode in which mortgages may be foreclosed by notice and sale, and the manner of giving notice and…

2Cases cited1 opinion

  1. Kilbourn v. BradleySupreme Court of Connecticut · 1809

3Cited by21 opinions

  1. Garvin v. LintonSupreme Court of Arkansas · 1896
  2. Brackett v. . BarneyNew York Court of Appeals · 1863
  3. Claflin v. . BoorumNew York Court of Appeals · 1890
  4. Goulding v. . DavidsonNew York Court of Appeals · 1863
  5. Powers v. KueckhoffSupreme Court of Missouri · 1867

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