Sahler v. Signer
New York Supreme Court
APPEAL from a judgment at the circuit, entered under the direction and findings of the judge. This was an action of ejectment brought by the plaintiff against the defendant, to recover the possession of certain premises situate in the town of Marbletown, Ulster county. The answer was a general denial. The cause was tried at the Ulster circuit on May 28, 1861, before Justice Gould, without a jury.
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APPEAL from a judgment at the circuit, entered under the direction and findings of the judge. This was an action of ejectment brought by the plaintiff against the defendant, to recover the possession of certain premises situate in the town of Marbletown, Ulster county. The answer was a general denial. The cause was tried at the Ulster circuit on May 28, 1861, before Justice Gould, without a jury. The judge found the following facts : “ That one Isaac L. Hasbrouck owned and occupied the premises described in the complaint, on and prior to February 18,1839, and continued to occupy them till his…
1Opinion of the Court
By the Court,
Hogeboom, J.
I. The first and most important question in this case is, was James 0. Forsyth the owner in fee of the premises in question, or had he only a mortgage interest therein; for if he had only the latter, he could not maintain the action of ejectment. “No action of ejectment shall be hereafter maintained by a mortgagee, or his assigns or representatives, for the recovery of the possession of the mortgaged premises.” (2 R. S. 312.)
The premises were struck off to Forsyth at public sale on the 28th day of November, 1848, (although the affidavits of foreclosure were not filed…
2Cited by4 opinions
- Liskey v. SnyderWest Virginia Supreme Court · 1904
- Sahler v. SignerNew York Supreme Court · 1865
- Hudkins v. CrimWest Virginia Supreme Court · 1913
- People v. LyonsNew York Court of Common Pleas · 1877