Duncan v. Smith
Supreme Court of New Jersey
In ejectment. On motion for now trial. This was an action of ejectment. The premises in dispute were originally owned by the defendant, Daniel Smith, who, while he was the owner thereof, together with his wife, Nancy, executed two mortgages thereon to Oliver S. Strong and Daniel Henderson.
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In ejectment. On motion for now trial. This was an action of ejectment. The premises in dispute were originally owned by the defendant, Daniel Smith, who, while he was the owner thereof, together with his wife, Nancy, executed two mortgages thereon to Oliver S. Strong and Daniel Henderson. Subsequently a judgment was obtained against Daniel Smith, and the said premises were sold thereunder to one Jelliffe, who conveyed the same to George Duncan, the plaintiff. xAfter the sale, Smith still continued in possession of the property. In this posture of affairs, a water tax falling due and being…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
The decision of the present motion turns upon the point whether the plaintiff, being the owner in fee of the premises in dispute, by paying to the mortgagee the amount due on the mortgages held by him, acquired such an interest that he had the right to redeem such premises from the .purchaser at the tax sale. His privilege to reclaim the property, as the absolute owner, had expired from lapse of time, and the proceedings taken by him to divest the title of the defendants, can only be sustained for the rea*327sou that he represented…
2Cases cited2 opinions
- Rogers v. RogersNew York Court of Chancery · 1828
- Pope v. RobinsonSupreme Court of Alabama · 1828