Howell v. . Leavitt
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of-Brooklyn, entered upon an order made September 17, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. This was an action of ejectment. The material facts are stated in the opinion. A mortgagee or his assignee in possession of the mortgaged premises is protected in his possession by the mortgage.
Read the full summary
Appeal from judgment of the General Term of the City Court of-Brooklyn, entered upon an order made September 17, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. This was an action of ejectment. The material facts are stated in the opinion. A mortgagee or his assignee in possession of the mortgaged premises is protected in his possession by the mortgage. (Jackson v. Minkler, 10 Johns. 480 ; Jackson v. Bowen, 7 Cow. 13, 19, 20 ; Van Duyne v. Thyre, 14 Wend. 233, 236 ; Phyfe v. Riley, 15 id. 248, 254; Fox v. Lipe, 24 id. 164;…
1Opinion of the CourtFinch, J.
In February, 1856, Roberts became the owner of the premises in dispute, having a good title thereto, but subject to a p'urchase-inoney mortgage of $5,500 given by him to Leech. A few months later Roberts conveyed to Tasker, subject to the $5,500 mortgage, the latter executing also his own mortgage to Roberts for $1,800. Still later in the same year Tasker conveyed to Ephraim Howell, subject to the Leech mortgage of $5,500, but the deed making no reference to the $1,800 mortgage. On the 18th of September, 1857, Roberts filed a complaint for the foreclosure of the $1,800 mortgage, naming Tasker…
2Cases cited5 opinions
- Van Duyne v. ThayreNew York Supreme Court · 1835
- Waring v. SmythNew York Court of Chancery · 1847
- Acker v. . AckerNew York Court of Appeals · 1880
- Pell v. . UlmarNew York Court of Appeals · 1858
- Olmstead v. . ElderNew York Court of Appeals · 1851
3Cited by43 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Stouffer v. HarlanSupreme Court of Kansas · 1903
- Becker v. . McCreaNew York Court of Appeals · 1908
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
38 more not listed; retrieve them via the Exa API.