Hodge v. Gallup
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. Gallup brought ejectmen m the court below, for a lot of land in the county of Erie, and the cause was tried at the circuit court held for that county in November, 1844. The plaintiff gave in evidence the record of a judgment in the supreme court, in favor of the Bank of Geneva against the defendant William Hodge, and one Philander Hodge, for $2099,74, docketed in the clerk’s office of the county of Erie on tho 29th of July, 1841, and a fi.fa.…
Read the full summary
On error from the supreme court. Gallup brought ejectmen m the court below, for a lot of land in the county of Erie, and the cause was tried at the circuit court held for that county in November, 1844. The plaintiff gave in evidence the record of a judgment in the supreme court, in favor of the Bank of Geneva against the defendant William Hodge, and one Philander Hodge, for $2099,74, docketed in the clerk’s office of the county of Erie on tho 29th of July, 1841, and a fi.fa. issued thereon on the 27th day of August following, and proved a regular sale of the premises in question by the…
1Opinion of the Court
The Chancellor.
The question for consideration in this case is, whether W. Hodge the younger, who took an assignment of the mortgage from one of the defendants in the execution after the twelve months allowed to such defendant to redeem the premises, upon paying the amount of the bid and ten per cent interest thereon, could himself redeem as such assignee within fifteen months, upon the payment of such bid and seven per cent interest thereon only.
By the bill of exceptions, it will be seen that the judgment upon which the premises' were sold, was against W. Hodge and P. Hodge, and was duly…
2Cases cited2 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Wisner v. BulkleyNew York Supreme Court · 1836
3Cited by5 opinions
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
- Erie & North-East Railroad v. CaseySupreme Court of Pennsylvania · 1856
- Wiedner v. SmithWisconsin Supreme Court · 1932
- Dick v. LivingstonNew York Supreme Court · 1885
- Livingstone v. ArnouxNew York Court of Common Pleas · 1873