Phelan v. Douglass
New York Supreme Court
This was an afction brought by the plaintiff under the statute (2 R. S. 295, § 16) to redeem, as heir at law, certain lands, to which the defendants held title through a mortgage foreclosure and sale, made July 2,1823. The plaintiff’s father was the mortgagor, and previous to the sale owned the premises in fee. The plaintiff was not made a party defendant to the bill of foreclosure. The remaining facts will sufficiently appear in the opinion of the court.
1Opinion of the Court
Cowles, Justice.
The plaintiff was born on the 14th Dec., 1820. By well-settled rules he was competent to bring suit, as being of full age, on the 13th of Dec., 1841. (1 Salk. 44; *1946 Mod. 557; 4 Dana R. 557; 1 Black. Com. 463 ; 2 Kent’s Com. 233; 1 Pow. on Dev. 128-9; M'Pherson on Inf. 447.)
The mortgage in question was given on the 15th June, 1821, and became due on the 15th June, 1822. The mortgagor (plaintiff’s father) died Oct. 13, 1822.
The decree for the foreclosure of the mortgage and sale of the premises was made the 7th June, 1823, and the sale took place, under which the mortgagee…
2Cases cited3 opinions
- Cornell v. MoultonNew York Supreme Court · 1846
- Ex parte DeanNew York Supreme Court · 1824
- Snyder v. WarrenNew York Supreme Court · 1824
3Cited by10 opinions
- Marvin v. . MarvinNew York Court of Appeals · 1878
- People v. StevensonAppellate Division of the Supreme Court of the State of New York · 1965
- In re the Judicial Settlement of the Account of EyeingtonAppellate Division of the Supreme Court of the State of New York · 1938
- Mitchell v. SchoonoverOregon Supreme Court · 1888
- Goon v. Fu Manchu's Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1938
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