Demarest v. Wynkoop
New York Court of Chancery
BILL filed October 11th, 1815, for the redemption of a mortgage. Philip Minthorn, in March, 1756, died seised of a tract of land in the out-ward of the city of New-York, leaving a widow and nine children. By his will, he devised all his estate to his widow, for life, and after her de cfiase, to' his children in fee.
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BILL filed October 11th, 1815, for the redemption of a mortgage. Philip Minthorn, in March, 1756, died seised of a tract of land in the out-ward of the city of New-York, leaving a widow and nine children. By his will, he devised all his estate to his widow, for life, and after her de cfiase, to' his children in fee. Hannah, one of the daugh-' ters, married Wiert Banta, and" on the 29th of October, 1765, Johanna^ the widow of the testator, conveyed to the children all her interest in. the estate. By indenture of partition, executed the 30th of October; 1-765, between the children and their…
1Opinion of the Court
The Chancellor.
This is a suit to redeem a mortgage, executed as early as 1771. Persons claiming an estate, in fee, under the mortgagee, have been in possession of the mortgaged premises since May, 1788, or 27 years before the filing of the bill.
Several objections have been taken to the suit.
1. The length of possession is setup, and relied upon, . , , . m the answer, as a bar to the claim.
It is a well-settled rule, that 20 years possession, by the mortgagee, without account or acknowledgment of any sub sisting mortgage, is a bar to a redemption, unless the mortgagor can bring himself within…
2Cases cited2 opinions
- Moore v. CableNew York Court of Chancery · 1815
- Marks v. PellNew York Court of Chancery · 1815
3Cited by77 opinions
- McDonald v. HoveySupreme Court of the United States · 1884
- Harrington v. SmithWisconsin Supreme Court · 1871
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Tynan v. WalkerCalifornia Supreme Court · 1868
- Fenno v. SayreSupreme Court of Alabama · 1842
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