Southworth v. Van Pelt
New York Supreme Court
This was an action on the case in the nature of waste, and came- up on a writ of error to the Tompkins common pleas, and on a bill of exceptions taken in that court uppn the trial of the cause.
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This was an action on the case in the nature of waste, and came- up on a writ of error to the Tompkins common pleas, and on a bill of exceptions taken in that court uppn the trial of the cause. The facts upon which the defendant in error recovered a verdict, are as follows: On the 20th of May, 184’0, Almeron Bailey and Elizabeth Bailey his wife, and William E. Bailey, being the owners of 119 acres of land, in the town of Dryden, in the county of Tompkins, executed a bond and mortgage upon the same to Harvey A. Rice, to secure the payment of $500. On the 10th- day of August, 1842, Rice sold…
1Opinion of the Court
By the Court,
Mason, J.
The first question to be considered is whether this action can be maintained, upon the plaintiffs’ case. It was said upon the argument of the cause, by the counsel for the plaintiffs in error, that no adjudged case could be found where the mortgagee, or his assignee, had maintained this action against the mortgagor or his grantee in possession. And I am constrained to say, after a most faithful examination of the books, I have not been able to find any reported case where this action has been sustained. Neither have I been able to find a case where the courts have…
2Cases cited10 opinions
- Van Duyne v. ThayreNew York Supreme Court · 1835
- Edwards v.Farmers' Fire Insurance & Loan Co.New York Supreme Court · 1839
- Yates v. JoyceNew York Supreme Court · 1814
- Jackson ex dem. Bowers v. CraftsNew York Supreme Court · 1820
- Lane v. HitchcockNew York Supreme Court · 1817
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3Cited by5 opinions
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- Vandemark v. SchoonmakerNew York Supreme Court · 1876