Shields v. Lozear
Supreme Court of New Jersey
In ejectment. Error to the Supreme Court. This was an action of ejectment tried before the Chief Justice at the Warren Circuit (a trial by jury having been waived by the parties,) to recover the possession of a tract of land situate in said county.
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In ejectment. Error to the Supreme Court. This was an action of ejectment tried before the Chief Justice at the Warren Circuit (a trial by jury having been waived by the parties,) to recover the possession of a tract of land situate in said county. The action was commenced on the 13th of June, 1869, and the plaintiff’s right of possession was alleged to have accrued on the 1st day of April, 1869. The plaintiff in error (who was the plaintiff below) produced and offered in evidence a deed of conveyance of the premises, made to him by the defendant and wife, bearing date on the 9th of April,…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The bills of exception sealed at the trial raise two questions: First. Whether the defendant, being the tenant of premises under the plaintiff, could, at the expiration of his lease, make title under his mortgage without first yielding and surrendering the possession to the plaintiff And, Second. Whether a tender by the mortgagor of the money secured by a mortgage, which is not accepted by the mortgagee, made after the day of payment named in the condition, terminates the estate of the mortgagee in the mortgaged premises, and extinguishes the…
2Cases cited6 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Edwards v.Farmers' Fire Insurance & Loan Co.New York Supreme Court · 1839
- Post v. ArnotNew York Supreme Court · 1845
- Merritt v. LambertNew York Court of Chancery · 1838
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- Kirkeby Corp. v. Cross Bridge Towers, Inc.New Jersey Superior Court Appellate Division · 1966
- Brunswick Bank & Trust v. Affiliated Building Corp.New Jersey Superior Court Appellate Division · 2015
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