Davis v. Duffie
The Superior Court of New York City
Motion for a stay of proceedings. This action was brought by Davis and Riley against Duffie, Conklin, Van Burén and others; the suit being in the nature of a bill in equity to redeem mortgaged premises. The facts upon which the motion was grounded were these. Some years ago Davis, being then the owner of real estate, mortgaged it to Duffie. Davis was afterwards convicted of an offence punishable by imprisonment in the State prison, and was imprisoned accordingly.
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Motion for a stay of proceedings. This action was brought by Davis and Riley against Duffie, Conklin, Van Burén and others; the suit being in the nature of a bill in equity to redeem mortgaged premises. The facts upon which the motion was grounded were these. Some years ago Davis, being then the owner of real estate, mortgaged it to Duffie. Davis was afterwards convicted of an offence punishable by imprisonment in the State prison, and was imprisoned accordingly. While he was in prison Duffie foreclosed the mortgage. Ro trustee of Davis’ property was appointed; and the subpoena to appear and…
1Opinion of the CourtBosworth, J.
The complaint was dismissed in the former actions, on the ground that an action of ejectment would not lie on such a state of facts, and not on the ground that the plaintiff was not entitled to any relief. This court had decided at general term, that the foreclosure proceedings were a nullity, the action'being commenced against a mortgagor, whose civil rights were suspended, and who was incompetent to appear in it. If that decision was correct, Davis has a strict right to redeem the mortgaged premises.
It is true this action and the former ones are in the same court, tinder the former system,…
2Cases cited3 opinions
- Perkins v. HinmanNew York Supreme Court · 1821
- Kerr v. DavisNew York Court of Chancery · 1838
- Stebbins v. GrantNew York Supreme Court · 1821