Calkins v. . Isbell
New York Court of Appeals
This was a suit in the late Court of Chancery. The original bill was filed in that court on the 20th of July, 1842, by the plaintiff against Mathew Calkins to compel him to cancel a mortgage, and to account for the rents and profits during the time he was in possession, and to stay proceedings on a foreclosure of the mortgage which he had commenced.
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This was a suit in the late Court of Chancery. The original bill was filed in that court on the 20th of July, 1842, by the plaintiff against Mathew Calkins to compel him to cancel a mortgage, and to account for the rents and profits during the time he was in possession, and to stay proceedings on a foreclosure of the mortgage which he had commenced. The bill charges that the plaintiff, in January, 1817, executed a mortgage to Cleveland Holmes upon four acres of land in Hew Berlin, Chenango county, in lot Ho. 15, and also upon one equal undivided eighth part of two acres of land in the same…
1Opinion of the CourtComstock, J.
I see no reason to doubt that the plaintiff’s suit to recover the possession of the premises in question, and incidentally to have the mortgage thereon declared satisfied, would be barred by the lapse of time, but for the proceeding instituted to foreclose that mortgage. It seems that in 1820 the mortgagor abandoned the possession to Thompson, who had then become the assignee of the mortgage; and this was done under an agreement that the land was to be taken in satisfaction of the debt. This was a parol arrangement, and clearly was not a release of the equity of the redemption or conveyance…
2Cited by12 opinions
- Arrington v. LiscomCalifornia Supreme Court · 1868
- Catterlin v. ArmstrongIndiana Supreme Court · 1881
- Mayor of New York v. MottNew York Supreme Court · 1891
- Chapin v. WrightNew Jersey Court of Chancery · 1886
- Dennis v. TomlinsonSupreme Court of Arkansas · 1887
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