Averill v. . Taylor
New York Court of Appeals
This action was brought by the plaintiffs as the assignees of a lease of a part of" certain real estate, known as the Empire block in Syracuse, to redeem a mortgage made by the defendant Voorhees and one Norton to the defendant Taylor, for the purchase money of the whole, and which Taylor by arrangement with Voorhees was foreclosing.
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This action was brought by the plaintiffs as the assignees of a lease of a part of" certain real estate, known as the Empire block in Syracuse, to redeem a mortgage made by the defendant Voorhees and one Norton to the defendant Taylor, for the purchase money of the whole, and which Taylor by arrangement with Voorhees was foreclosing. It was tried before Mr. Justice Allen, as a referee, arid came before the supreme court upon appeal from the judgment entered upon his report which was there affirmed. The following facts appeared by the pleadings and proofs: On the 8th day of December, 1848, the…
1Opinion of the CourtMorse, J.
The important point of inquiry in this case is, whether a. tenant for years has a right to redeem the mortgage of his lessor, made before the lease under which the tenant claims. I understand the law to be as well settled, as the reason and justice of the rule is clear, that any one who holds the actual relation of surety for the mortgage debt, charged upon land in which he has an interest, although his liability as such surety extends no farther than to lose his interest in the land, has a right to redeem, for the protection of such interest. And I suppose it to be equally well' settled,…
2Cases cited1 opinion
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
3Cited by32 opinions
- Twombly v. . CassidyNew York Court of Appeals · 1880
- 6820 Ridge Realty, L. L. C. v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1999
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Mahnk v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1931
- Matter of Village Rathskeller, Inc.United States Bankruptcy Court, S.D. New York · 1992
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