Peterson v. Clark
New York Supreme Court
IN ERROR, to the court of common pleas of the county of Madison. The defendant in error, who was the plaintiff in the court below, brought an action on the case, in the nature of an aótion of waste, against the plaintiff in error, the defendant in the court below.
Read the full summary
IN ERROR, to the court of common pleas of the county of Madison. The defendant in error, who was the plaintiff in the court below, brought an action on the case, in the nature of an aótion of waste, against the plaintiff in error, the defendant in the court below. The declaration stated, that the plaintiff below was, on the 1st of October, 1816, seized in his demesne, as of fee, in certain lands and tenements, whereof the defendant was in the possession and occupation, and that divers timber trees, &c. were growing on the said lands and tenements, and parcel of the freehold and ■ inheritance…
1Per curiam
There can be no doubt but that the deed from Van Camp to Clark, and defeasance given back, amounted only to a mortgage,(b) and the simple question then is,
*207whether a mortgagee can maintain an action of waste against the mortgagor, before the forfeiture of the mortgage ; for the waste alleged to have been committed in this case, was before the expiration of the time limited for the payment of the money secured by the mortgage. Indeed, the present suit was commenced before that time. Waste is an injury done to the inheritance, and the action of waste is given to him who has the inheritance in…
2Cases cited1 opinion
- Dey v. DunhamNew York Court of Chancery · 1816
3Cited by20 opinions
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
- Pardee v. . TreatNew York Court of Appeals · 1880
- Searle v. SawyerMassachusetts Supreme Judicial Court · 1879
- Ferris v. WilcoxMichigan Supreme Court · 1883
15 more not listed; retrieve them via the Exa API.