Legal Opinion

Brainard v. . Cooper

New York Court of Appeals

Decided December 5, 1852PublishedCited by 24 opinions

1Opinion of the Court

Chancellor KENT, in his commentaries, remarks that the right of redemption exists, not only in the mortgagor himself, but in every other person who has an interest in, or a legal or equitable lien upon, the mortgaged premises; and that consequently every judgment creditor, and every other incumbrancer may redeem. (4 Kent Com., 162.)

Judge STORY says (2 Story Eq., § 1023) that a judgment creditor and every other person being an incumbrancer, or having a legal or equitable title or lien on the lands, may insist upon a redemption of the mortgage.

It is a right inherent in the land binding all…

2Cases cited5 opinions

  1. Benedict v. Gilman & CouchNew York Court of Chancery · 1833
  2. Watson & Polhemus v. SpenceNew York Supreme Court · 1838
  3. Clarkson v. De PeysterNew York Court of Chancery · 1831
  4. Low v. RailroadSupreme Court of New Hampshire · 1885
  5. Merry v. HalletNew York Supreme Court · 1824

3Cited by24 opinions

  1. Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
  2. McDonald v. MillerTexas Supreme Court · 1897
  3. Moulton v. . CornishNew York Court of Appeals · 1893
  4. Holmes v. BybeeIndiana Supreme Court · 1870
  5. Miller v. FinnNebraska Supreme Court · 1871

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