Howard v. Hatch
New York Supreme Court
THIS action was brought to recover the possession of ninety-five and three-fourths acres of land, situated in the town of Madison, in the county of Madison. The land was owned in 1853 by Uriah H. Ward, who executed a mortgage on it to John B. Burton, to secure the payment of $1255.80, and interest thereon, at certain times therein specified.
Read the full summary
THIS action was brought to recover the possession of ninety-five and three-fourths acres of land, situated in the town of Madison, in the county of Madison. The land was owned in 1853 by Uriah H. Ward, who executed a mortgage on it to John B. Burton, to secure the payment of $1255.80, and interest thereon, at certain times therein specified. On the 22d of July, 1854, Burton executed, under his hand and seal, and delivered an assignment of the mortgage to Henry Tower; xyhich assignment was as follows: “ Know all men by these presents, that I, John B. Burton, the mortgagee within named, in…
1Opinion of the CourtBalcom, J.
The plaintiff was not entitled to recover unless he proved and established, at the trial, that he had, at the time of commencing the action, a valid subsisting interest in the premises claimed, and a right to recover the same, or *301to recover the possession thereof. (2 R. S. 303, § 3.) It was therefore necessary for him to show that all the requirements of the statute authorizing the sale of the premises hy virtue of the power contained in the mortgage, had been complied with, to entitle him to the report made by the referee. ( Vanslyke v. Shelden, 9 Barb. 278. Stanton v. Kline, 16 id. 9.) Did…
2Cases cited5 opinions
- Bunce v. ReedNew York Supreme Court · 1853
- Arnot v. McClureNew York Supreme Court · 1847
- Slyke v. SheldenNew York Supreme Court · 1850
- Cohoes Co. v. GossNew York Supreme Court · 1852
- Layman v. WhitingNew York Supreme Court · 1855
3Cited by6 opinions
- Silva v. LopezHawaii Supreme Court · 1884
- Martin v. HawkinsSupreme Court of Arkansas · 1896
- Frink v. ThompsonNew York Supreme Court · 1869
- George v. ArthurNew York Supreme Court · 1874
- George v. ArthurNew York Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.