Jackson ex dem. Norton v. Willard
New York Supreme Court
THIS was an action of ejectment, for a house and lot, in the village of Cayuga. Upon the trial, the plaintiff gave in evidence a deed from Robert R. Parkman to Norton, one of the lessors, dated the 15th of November, 1805, a deed from Norton to John Moffat, dated 12th May, 1806, and a mortgage from Moffat to Norton, dated the same day, for securing the payment of 400 dollars, with interest. All these deeds were for the same premises.
Read the full summary
THIS was an action of ejectment, for a house and lot, in the village of Cayuga. Upon the trial, the plaintiff gave in evidence a deed from Robert R. Parkman to Norton, one of the lessors, dated the 15th of November, 1805, a deed from Norton to John Moffat, dated 12th May, 1806, and a mortgage from Moffat to Norton, dated the same day, for securing the payment of 400 dollars, with interest. All these deeds were for the same premises. The defendant purchased the lot of Moffat, subject to the mortgage, and took possession in June, 1806. Six months notice to quit had been duly given to the…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The validity of the defence, in this case, turns upon the proper solution of this question, viz. Whether the sheriff, on an execution, can sell lands mortgaged to the defendant in such execution, to secure the payment of a debt, if the sale be after the debt had become due, but before a foreclosure by the defendant, and while the mortgagor is suffered to retain possession.
This appears to be a new question, for we can find nothing like a decision of it in any of the books. Mortgages have been principally the subject of equity jurisdiction. They…
2Cited by62 opinions
- Dutton v. WarschauerCalifornia Supreme Court · 1863
- Beck v. McGillisNew York Supreme Court · 1850
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Barrett v. HinckleyIllinois Supreme Court · 1888
- Denton v. NannyNew York Supreme Court · 1850
57 more not listed; retrieve them via the Exa API.