Williams v. . Townsend
New York Court of Appeals
This was an action to enjoin the sale of mortgaged premises under a statutory foreclosure. The plaintiff executed to the defendant’s assignor, his bond and a mortgage of premises situated in Buffalo, dated the 8th day of February, 1853, to secure the payment of $2,640, in ten years from the date thereof with annual interest, which mortgage contained a further condition in these words: “ and shall also pay all assessments, taxes and charges on the said premises to be charged…
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This was an action to enjoin the sale of mortgaged premises under a statutory foreclosure. The plaintiff executed to the defendant’s assignor, his bond and a mortgage of premises situated in Buffalo, dated the 8th day of February, 1853, to secure the payment of $2,640, in ten years from the date thereof with annual interest, which mortgage contained a further condition in these words: “ and shall also pay all assessments, taxes and charges on the said premises to be charged on the same, and in case of default in paying the same, the said parties of the second part and their representatives,…
1Opinion of the CourtDavis, J.
By the condition of the bond and mortgage the defendant undoubtedly had a right, after failure by the plaintiff to pay the taxes assessed on the mortgage premises, to pay and discharge the same, and thereupon to collect the amount so paid by suit upon the bond or by foreclosure of the mortgage. And the principal question in this case is, whether the purchase of the premises at the tax sales and the taking certificates of such purchase under the provisions of the charter of Buffalo, were a discharge of the assessments and taxes, within the true construction of the bond and mortgage.
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2Cases cited2 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Grant v. SchoonhovenNew York Court of Chancery · 1841
3Cited by38 opinions
- Ten Eyck v. . CraigNew York Court of Appeals · 1875
- In Re the Estate of UeckNew York Court of Appeals · 1941
- Wyoming Building & Loan Ass'n v. Mills Const. Co.Wyoming Supreme Court · 1928
- Lewis v. . DuaneNew York Court of Appeals · 1894
- Oliphant v. . BurnsNew York Court of Appeals · 1895
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