Newell v. . Whigham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 21, 1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The statute imposing a short bar at six months to a common-law right of redemption should receive a strict construction. (Doe, ex dem.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 21, 1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The statute imposing a short bar at six months to a common-law right of redemption should receive a strict construction. (Doe, ex dem. Hitchens, v. Lewis, Burr. 619; Hill v. Barclay, 18 Ves. 60; 2 Platt on Leases, 477; Woodfall’s Landl. and Tenant [7th ed.], 655, 656;…
1Opinion of the CourtRapallo, J.
The plaintiff was mortgagee of the lessee’s interest in two tracts of land in the Kortright patent held under a perpetual lease from Kortright, reserving rent. This action was brought to foreclose the mortgage on the lease. The defendant Youmans succeeded to Kortright’s title to the foe and the rents, and held such title up to January 17, 1873.
The plaintiff’s mortgage was dated July 4,' 1864, and record ed August 15, 1864, and was given to secure the payment of the sum of $1,657.25 and interest. It covered one hundred and fifty acres of land in lot 86, and five acres and seventeen rods in lot…
2Cases cited4 opinions
- Fitch v. DevlinNew York Supreme Court · 1853
- Baker v. M'DuffieNew York Supreme Court · 1840
- Browning v. HanfordCourt for the Trial of Impeachments and Correction of Errors · 1846
- Witbeck v. . Van RensselaerNew York Court of Appeals · 1876
3Cited by3 opinions
- Washington, Alexandria & Mt. Vernon Railway Co. v. VaughanSupreme Court of Virginia · 1911
- Duffus v. BangsNew York Supreme Court · 1887
- Shultes v. SicklesNew York Supreme Court · 1893