Thompson v. Commissioners for Loaning Certain Moneys of the United States
New York Supreme Court
Motion by defendants for a new trial on a case and exceptions, pursuant to section 1001 of the Code of Civil Procedure, after a decision of the court without a jury, directing the entry of an interlocutory judgment in favor of tbe plaintiff.
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Motion by defendants for a new trial on a case and exceptions, pursuant to section 1001 of the Code of Civil Procedure, after a decision of the court without a jury, directing the entry of an interlocutory judgment in favor of tbe plaintiff. The action was brought by the plaintiff to redeem certain premises, described in the complaint, from the lien of a mortgage given to the loan commissioners appointed pursuant to chapter 150 of the Laws of 1837 to loan the United States deposit fund. It appeared that the plaintiff, Frances M. Thompson, and her husband, John Thompson, on the 9th day of…
1Opinion of the Court
LEARNED, P. J.:
Assuming, as was held by the learned justice who tried this case, that the attempted sale by tbe commissioners was void on account of the defects in the advertisement and in the service, the situation of the mortgagors then is that they have failed, for more than twenty-three days, to pay the interest on the mortgage. According to the express language of the statute, therefore, they are utterly barred of all equity of redemption, “any law, usage, custom or practice in courts of equity to the contrary notwithstanding.” (Laws of 1837, chap. 150, § 30.)
This is equivalent to a…
2Cases cited2 opinions
- Pell v. . UlmarNew York Court of Appeals · 1858
- White v. LesterNew York Court of Appeals · 1864