Legal Opinion

Jackson ex dem. Ireland v. Hull

New York Supreme Court

Decided October 15, 1813PublishedCited by 14 opinions

THIS was an action of ejectment brought to recover lot No. 1. in the subdivision of lotNo. 48. in Dry dm, in Cauuga county. The , 17 •' s 7 , plaintiff claimed title under a mortgage, executed by ¡Samuel Clark to the lessor of the plaintiff, for the premises in question, dated 3d October, 1806, which was duly recorded the 10th October, 1806. The mortgagor was in possession at the time of exe- , cutmg the mortgage.

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THIS was an action of ejectment brought to recover lot No. 1. in the subdivision of lotNo. 48. in Dry dm, in Cauuga county. The , 17 •' s 7 , plaintiff claimed title under a mortgage, executed by ¡Samuel Clark to the lessor of the plaintiff, for the premises in question, dated 3d October, 1806, which was duly recorded the 10th October, 1806. The mortgagor was in possession at the time of exe- , cutmg the mortgage. The defendant claimed the premises under a deed, dated the 1st August, 1811, executed by the sheriff of the county, pursuant to a sale of the premises under afi.fa. issued on a…

1Per curiam

The sale of the premises on execution,, not amounting to a satisfaction of the judgment, was not an extinguishment of the mortgage. The creditor who takes a mortgage to secure a debt by bond, or otherwise, has three remedies, either of which he is at liberty to pursue, and all of which he may pursue until his debt is satisfied. He may bring an action of debt upon the bond, or he may put himself in possession of the rents and profits of the land mortgaged by means of an ejectment, or he may foreclose the equity of redemption and sell the land to satisfy the debt. In this case the creditor sues…

2Cited by14 opinions

  1. James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
  2. Whitmore v. TatumSupreme Court of Arkansas · 1891
  3. Barker v. BellSupreme Court of Alabama · 1861
  4. The First National Bank & Trust Co. of Walton v. EisenrodAppellate Division of the Supreme Court of the State of New York · 1942
  5. M'Call v. LenoxSupreme Court of Pennsylvania · 1823

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