Barber v. Harris
New York Supreme Court
This was an action of ejectment, tried at the Courtland circuit in June, 1833, before the Hon. Robert Monell, one of the circuit judges.
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This was an action of ejectment, tried at the Courtland circuit in June, 1833, before the Hon. Robert Monell, one of the circuit judges. The plaintiff claimed to recover 100 acres of land, as a purchaser on the foreclosure of a mortgage of the premises executed by the defendant and his wife to the plaintiff and another person, on the 19th March, 1819. The plaintiff produced the mortgage; there was endorsed on it a certificate of acknowledgment, by an officer duly authorized to take acknowledgments, in which it was certified that the execution of the mortgage was acknowledged by the defendant…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The defendant having executed the mortgage, under which the plaintiff claimed to recover the possession of the premises, was estopped from denying that he had title to them, and from setting up title in third persons. The deeds, therefore, from Yates to Staats and from Staats to Mary Yates, should have been excluded. They were disregarded, however, by the judge, in the final disposition of the case.
Whether the mortgage, as executed, was void and inoperative or not, was a question that could properly arise, and of which the defendant might avail himself. If it was…
2Cases cited1 opinion
- Tanner v. LivingstonNew York Supreme Court · 1834
3Cited by46 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Nelson v. HotchkissSupreme Court of Missouri · 1980
- Hall v. StephensSupreme Court of Missouri · 1877
- Chandler v. CheneyIndiana Supreme Court · 1871
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