Hubbell v. . Medbury
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the decision of the court upon trial at Special Term. This action was brought by plaintiff, as trustee, etc., of Alfred Hubbell, against defendant, a former trustee, to compel him to account for the rents, profits and avails of certain real estate claimed to belong to the trust estate.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the decision of the court upon trial at Special Term. This action was brought by plaintiff, as trustee, etc., of Alfred Hubbell, against defendant, a former trustee, to compel him to account for the rents, profits and avails of certain real estate claimed to belong to the trust estate. On the 21st of December, 1848, said Hubbell and wife executed to defendant Medbury a mortgage upon certain premises, situate in the city of Eochester, for…
1Opinion of the CourtFolger, J.
It is not necessary for the. conclusions to which we have reached, to consider whether (he statutory right which a mortgagee has to become himself the purchaser on a mortgage foreclosure by advertisement, is equivalent to a permission to a trustee so to do, in a decree for the sale of trust property. For the purposes of this case we may treat it, as that of one who being trustee of the equity of redemption has bought the same at a sale thereof. Medbury, if considered as trustee of the equity of redemption in the mortgaged premises, for the creditors of Alfred Hubbell primarily, and for Alfred…
2Cases cited2 opinions
- Slade v. Van VechtenNew York Court of Chancery · 1844
- Hubbell v. . SibleyNew York Court of Appeals · 1872
3Cited by19 opinions
- Raymond v. FlavelOregon Supreme Court · 1895
- Lewis v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
- Miles v. VivianCourt of Appeals for the Second Circuit · 1897
- Smith v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1899
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