M'Kirhcer v. Hawley
New York Supreme Court
IN ERROR, to the Mayor’s Court of the city of Albany. The defendant in error brought an action of debt for rent, against the plain tiffin error, in the Court below.
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IN ERROR, to the Mayor’s Court of the city of Albany. The defendant in error brought an action of debt for rent, against the plain tiffin error, in the Court below. The declaration stated a demise of the premises, situated in the city of Albany, on the 1st of May, 1807, from one Robert Cameron to the defendant below; for one year, at the rent of 1 SO dollars, payable quarterly; that in the March term, 1817, of the Court below, one Condi recovered a judgment, against Cameron, on which a fieri facias was issued, the premises levied upon, and on the 10th of November, 181.7, sold to the plaintiff…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the court.
The single question in this cause is, whether a mortgagee can distrain for rent, accruing on a lease made by the mortgagor after the.execution of the mortgage, and whilst the mortgagor remained -in possession ? The defendant in error, who was plaintiff in the Court below, has sued for rent accruing on the lease thus made, in virtue of a sale on execution of the mortgagor’s right in the premises; and I do not understand that his right to maintain the suit would be denied, as between these parties, hut for the mortgage, which was anterior to…
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