Olmstead v. . Elder
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a motion for a new trial, made on a bill of exceptions, had been denied, and judgment entered on a verdict in favor of the defendant. (Reported below, 2 Sandf. 325.) *Thi¡3 was an ejectment for a lot of ground on Ninth street, in the city of New York.
Read the full summary
Appeal from the general term of the Superior Court of the city of New York, where a motion for a new trial, made on a bill of exceptions, had been denied, and judgment entered on a verdict in favor of the defendant. (Reported below, 2 Sandf. 325.) *Thi¡3 was an ejectment for a lot of ground on Ninth street, in the city of New York. Both parties claimed under S. A. Bostwick, from whom the plaintiff deduced title to himself, in fee, by mesne conveyances, subsequent to the mortgage hereinafter mentioned. The defendant was in possession at the commencement of the suit. On the 18th April 1838,…
1Opinion of the CourtGakdiNEK, J.
The 30th section of the act authorizing the loan of certain moneys, &c., passed April 4th, 1837, provides, “that if the borrower shall neglect to pay the yearly interest and the principal of the loan, when due, on one of the days on which the loan-commissioners are directed to attend at their office for the purpose of receiving it, then, and in either case, the commissioners shall be seised of an absolute and indefeasible estate in fee, in the mortgaged premises, to the uses in the act mentioned, and the mortgagor shall be utterly foreclosed and barred of all equity of redemption, any law,…
2Cases cited6 opinions
- Sayre v. WisnerNew York Supreme Court · 1832
- Powell v. . TuttleNew York Court of Appeals · 1850
- Denning v. SmithNew York Court of Chancery · 1818
- Commissioners of the United States Deposit Fund v. ChaseNew York Supreme Court · 1849
- Jackson ex dem. Limerick v. VoorhisNew York Supreme Court · 1812
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Howell v. . LeavittNew York Court of Appeals · 1884
- White v. LesterNew York Court of Appeals · 1864