V. Dickenson v. Jackson ex dem. Caldwell
New York Supreme Court
On error from the Warren common pleas. The action in the court below was ejectment on the demise of Caldwell against Dickenson; tried in the court below at its Jan- , uary term, 1823. The declaration was returnable at its May term, 1821. It contained but one count, and one demise, which was laid on the 8th of September, 1817. At the trial, the plaintiff below claimed to recover the premises in question under a mortgage of them,dated the J n c ⅜ 8th of September, 1817, (the…
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On error from the Warren common pleas. The action in the court below was ejectment on the demise of Caldwell against Dickenson; tried in the court below at its Jan- , uary term, 1823. The declaration was returnable at its May term, 1821. It contained but one count, and one demise, which was laid on the 8th of September, 1817. At the trial, the plaintiff below claimed to recover the premises in question under a mortgage of them,dated the J n c ⅜ 8th of September, 1817, (the day of the demise,) executed by one G. Dickenson, to the lessor of the plaintiff. G. Dickenson, before the commencement…
1Opinion of the Court
Curia, per
Savage, Ch. Justice.
The rule is well established, that the demise in the declaration must be laid after the lessor’s title and right of entry accrue. (6 John. 273.) This rule'isnot disputed; but the question is, when did the lessor’s right of entry accrue ih the ease before us ? This is the only real question in the cause ; as the defendant, having taken an absolute conveyance, not acknowledging the mortgage, was not entitled to notice to quit; the sale itself being an act of disloyalty. (18 John. 488.)
“ It has repeatedly been decided in this court, that, as between the mortgagor…
2Cases cited1 opinion
- Bank of Chenango v. CurtissNew York Supreme Court · 1822
3Cited by2 opinions
- Jones v. ThomasIndiana Supreme Court · 1847
- Lingerfelt v. GibsonTennessee Supreme Court · 1930