Ten Eyck v. Craig
New York Supreme Court
Monos by defendants for a new trial upon case and exceptions, under section 268 of the Code. The action was brought in Monroe county, by Henry Ten Eyck against John Craig and another, for an accounting and to redeem from a mortgage. During the pendency of the action, John Craig died, and Oscar Craig and Daniel W. Powers, his executors, and Helen M. Powers, his sole heir at law, were substituted as defendants.
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Monos by defendants for a new trial upon case and exceptions, under section 268 of the Code. The action was brought in Monroe county, by Henry Ten Eyck against John Craig and another, for an accounting and to redeem from a mortgage. During the pendency of the action, John Craig died, and Oscar Craig and Daniel W. Powers, his executors, and Helen M. Powers, his sole heir at law, were substituted as defendants. The circumstances of the case were these: On the 23d of April, 1866, Helson P. Stewart, then being the owner in fee of certain real estate, situate in the city of Rochester, known as “…
1Opinion of the CourtGilbert, J.
There are two insuperable objections to the granting of the relief which the plaintiff' seeks, unless a mortgagee can be converted into a trustee. In the first place, the conveyance from Mrs. Sanger to him, and under "which alone he claims any interest in the premises in controversy, is wholly inoperative and void as against the defendants, for the reason that when said conveyance was made, the decedent, Mr. Oraig, was in possession of the premises, claiming under a title adverse to that of Mrs. Sanger. 1R. S. 739, § 147; 2 id. 691, § 6. There is, therefore, a fatal lack of that privity which…
2Cases cited10 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Trimm v. . MarshNew York Court of Appeals · 1874
- Williams v. . TownsendNew York Court of Appeals · 1865
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