People v. Supervisors of the County of Columbia
New York Supreme Court
Mandamus in relation to a loan office mortgage. In 1786, an act of the legislature of this state was passed, authorizing the emission of bills of credit to the amount of £200,000, which sum was apportioned among the several counties of the state, and paid over to officers in each county, designated loan officers, to be loaned out to the citizens of the several counties, and secured by mortgages on real estate; and it was provided by statute that if any deficiency should…
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Mandamus in relation to a loan office mortgage. In 1786, an act of the legislature of this state was passed, authorizing the emission of bills of credit to the amount of £200,000, which sum was apportioned among the several counties of the state, and paid over to officers in each county, designated loan officers, to be loaned out to the citizens of the several counties, and secured by mortgages on real estate; and it was provided by statute that if any deficiency should accrue by the selling of land thus mortgaged, on foreclosure of the mortgage, the same should be assessed and levied as…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is not pretended that the county of Columbia has ever paid the money now claimed by the plaintiffs ; but it is said that the county has done no act for 34 years admitting the liability of the county. • Before the statutes of limitation, the lapse of time did not raise any presumption of payment; until the recent revision of the statutes, the government was never affected by those statutes. There are cases now, not embraced within the statutes, to which a court of equity as well as the common law, in analogy to the statutes, have applied the principle of…
2Cases cited1 opinion
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
3Cited by51 opinions
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- Rains v. SimpsonTexas Supreme Court · 1878
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- State v. McFetridgeWisconsin Supreme Court · 1893
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
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