Legal Opinion

Mickles v. . Dillaye and Others

New York Court of Appeals

Decided March 5, 1858PublishedCited by 40 opinions

Appeal from the Supreme Court. The action' was for the redemption of certain premises in the city of Syracuse, mortgaged to Philo D. Mickles. The trial was before a referee, who found that the mortgaged premises were, in 1840, conveyed to Philo D. Mickles by one Fitch. There was then outstanding a mortgage upon the premises, executed by Fitch to David Hall.

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Appeal from the Supreme Court. The action' was for the redemption of certain premises in the city of Syracuse, mortgaged to Philo D. Mickles. The trial was before a referee, who found that the mortgaged premises were, in 1840, conveyed to Philo D. Mickles by one Fitch. There was then outstanding a mortgage upon the premises, executed by Fitch to David Hall. Philo D. Mickles conveyed to the plaintiff, with warranty, March 8th, 1841, for the price of $4000, to secure $2000 of which, the plaintiff executed the mortgage which in this suit he sought to redeem. This mortgage and the bond collateral…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The right of a mortgagor who has made default in the payment of the mortgage debt according to his contract and especially where the mortgagee or his assigns has lawfully acquired the possession, is in equity and not a strict legal right. It would be impossible for the plaintiff to obtain possession of these premises by any suit or proceeding known to the law, except a suit in equity. When the mortgagor comes into a court of equity in such cases to redeem he…

2Cases cited3 opinions

  1. Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
  2. Putnam v. RitchieNew York Court of Chancery · 1837
  3. Benedict v. Gilman & CouchNew York Court of Chancery · 1833

3Cited by40 opinions

  1. Schleicher v. SchleicherSupreme Court of Connecticut · 1935
  2. Hubbell v. . MoulsonNew York Court of Appeals · 1873
  3. Thomas v. . EvansNew York Court of Appeals · 1887
  4. Troost v. DavisIndiana Supreme Court · 1869
  5. Ensign v. BattersonSupreme Court of Connecticut · 1896

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