Calkins v. Calkins
New York Supreme Court
In Equity. The bill in this case was filed by the mortgagor to redeem, and for an account of the rents and profits of the land received by the mortgagee, and those claiming under him, during the time they had possessed the premises. The mortgage was given in January, 1817, and several payments were made by the mortgagor, which were endorsed upon the mortgage.
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In Equity. The bill in this case was filed by the mortgagor to redeem, and for an account of the rents and profits of the land received by the mortgagee, and those claiming under him, during the time they had possessed the premises. The mortgage was given in January, 1817, and several payments were made by the mortgagor, which were endorsed upon the mortgage. When the last payment fell due, default was made in the payment; and after such default, and in the year 1820, John Thompson, who then owned and held the bond and mortgage, by assignment, took possession of the premises and retained it…
1Opinion of the CourtMasoN, J.
The first question which I propose to consider in this case is, is the complainant entitled to redeem, and to have an account of the rents and profits of the land, after the lapse of twenty years?
It is a familiar and well settled rule in equity, that twenty years possession by a mortgagee, without any account or acknowledgment of a subsisting mortgage, is a bar to all equity of redemption; unless the mortgagor labors under the disability contained in the proviso of the statute of limitations. (Moore v. Cable, 1 John. Ch. Rep. 385. Demarest v. Wynkoop, 3 Id. 129. Slee v. Manhattan Co. 1…
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