Astor v. Turner
New York Supreme Court
In Equity. Bill to foreclose a mortgage. Turner having a Trinity Church lease for twenty-six years, on certain premises in New-York, executed a mortgage to the plaintiff, and afterwards sold his equity of redemption, which, by sundry mesne conveyances came to Deborah Kane. She died, and the premises came into the possession of her administrator, who was made a party to this suit.
Read the full summary
In Equity. Bill to foreclose a mortgage. Turner having a Trinity Church lease for twenty-six years, on certain premises in New-York, executed a mortgage to the plaintiff, and afterwards sold his equity of redemption, which, by sundry mesne conveyances came to Deborah Kane. She died, and the premises came into the possession of her administrator, who was made a party to this suit. On affidavits stating that the premises were a scanty security for the debt, and that the mortgagor was insolvent, an application was made for an order that the administrator, as the tenant in possession, should…
1Opinion of the CourtEdmonds, J.
By the statute, (2 R. S. 82, § 6,) the estate of Mrs. Kane, which was a lease for years, passed to her administrator as assets, and he was properly in possession as the owner of the equity of redemption. This is therefore an application to compel the owner of the equity of redemption, in possession before foreclosure, to pay an occupation rent for the premises. I had this question before me at the October special term, in the Mechanics' Bank v. Parsons & Flower, and I then held, in a case very like this, that the defendant in possession should pay an occupation rent. There, as here, the…
2Cited by5 opinions
- Holmes v. GravenhorstAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Voluntary Dissolution of the Busch Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Mutual Life Insurance v. SpicerNew York Supreme Court · 1877
- Smith v. KelleyNew York Supreme Court · 1884
- Sussman v. Lakesite Hotel Corp., New York County Courts1932