Chalmers v. Wright
The Superior Court of New York City
This action was brought by the plaintiff claiming to be owner in fee of a piece of land in the city of. New York, in order to redeem it from a mortgage executed in 1856, .by the then owner of the land in fee, {Nislet,) to a Mr. McFarland.
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This action was brought by the plaintiff claiming to be owner in fee of a piece of land in the city of. New York, in order to redeem it from a mortgage executed in 1856, .by the then owner of the land in fee, {Nislet,) to a Mr. McFarland. Such mortgage contained a power of sale, and became due in July, 1858. In October, 1859, a foreclosure of it was begun by advertisement, under which in January, 1860, it was sold by the mortgagee to a Mr. Simpson, to whom the tenants in possession forthwith attorned. In November, 1860, Simpson conveyed the premises to a Mr. Eassie, of whom in May, 1862, the…
1Opinion of the Court
Robertson, Ch. J.
The defendants take the ground in this case, preliminarily, that even if the mortgage in question were never foreclosed, the plaintiff is n.ot entitled to any relief, because at the time of the conveyance to hint from the purchaser at the sheriff’s sale under execution, (Bull,) the defendant "Wright had possession of the premises in question, claiming under a title adverse to that of the plaintiffs’ grantor, within the meaning of the statute against champerty. (1 R. S. 739, § 147.) It becomes, therefore, necessary to examine what the nature of the title and the claim under it…
2Cases cited18 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
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3Cited by1 opinion
- Mowry v. SanbornNew York Supreme Court · 1876