Stewart v. Hutchins
New York Supreme Court
This was an action of ejectment, tried at the Washington circuit in June, 1832, before the Hon. Esek Cowen, one of the circuit judges.
Read the full summary
This was an action of ejectment, tried at the Washington circuit in June, 1832, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff claimed to recover the premises in question under a deed executed by Henry Tomb and Nancy his wife, to George Stewart, bearing date 23d April, 1818, whereby the premises in question were sold and conveyed to George Stewart in fee, with a condition contained in the deed, in these words: “ Provided always, and these presents are upon this express condition, that if the said parties of the first part pay off and discharge the several legacies…
1Opinion of the Court
By the Court,
Sutherland, J.
The revised statutes declare that no action of ejectment shall (hereafter) be maintained by a mortgagee, or his assigns or representatives, for the recovery of the possession of the mortgaged premises. 2 R. S. 312, § 57. This language is exceedingly broad and comprehensive, and embraces, in terms, every description of mortgage which could previously have been made the foundation of an action of ejectment. The counsel for the plaintiff however, contends that it applies only to gmortages in the *487usual form, which are accompanied by a bond.or other ty ior the payment of…
2Cases cited1 opinion
- Brown v. DeanNew York Supreme Court · 1829
3Cited by6 opinions
- Root v. StuyvesantNew York Supreme Court · 1837
- Glover v. PaynNew York Supreme Court · 1838
- Swart v. ServiceNew York Supreme Court · 1839
- Saxtoh v. HitchcockNew York Supreme Court · 1866
- Hoschke v. HoschkeNew York Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.