Mitchell v. . Bartlett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial district, reversing a judgment in favor of plaintiff, entered on the report of a referee, and ordering a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial district, reversing a judgment in favor of plaintiff, entered on the report of a referee, and ordering a new trial. This action was brought by the plaintiff as purchaser of certain premises in the city of New Tork, on a sale by a referee under a judgment for the foreclosure of a mortgage for moneys received by the defendant, who was the owner of the equity of redemption, in payment of rents that became due from tenants, from November 2d, 1864, to August 2d, 1865. The sale took place on the fourth day of October,…
1Opinion of the Court
Lott, Ch. C.
The judgment, under which the sale by the referee to the plaintiff was made, provided, that the purchaser should be let into possession of the premises purchased, on the production of the referee’s deed. That deed was not delivered to him until the second day of August, 1865. He therefore did not acquire either the title or the right to the possession of the land or to the rents thereof till that time. The defendant, up to that time, continued to be the owner of the equity of redemption, and as such was entitled to such possession and rents. The plaintiff consequently had no legal…
2Cited by20 opinions
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- Eckerson v. TanneyDistrict Court, S.D. New York · 1916
- Woodstock Iron Co. v. RichardsonSupreme Court of Alabama · 1891
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