Goodhart v. Street
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Ejectment' by Carrie E. Goodhart against Charles G. Street. Plaintiff purchased the land in controversy from one Rosa Elsas, subject to the lien of two mortgages by her executed to the United States loan commissioners, as security for a loan made pursuant to Laws 1837, c. 150, entitled “An act authorizing a loan of certain moneys belonging to the United States, deposited with the state of New York for safe-keeping.”
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Appeal from jury term. Ejectment' by Carrie E. Goodhart against Charles G. Street. Plaintiff purchased the land in controversy from one Rosa Elsas, subject to the lien of two mortgages by her executed to the United States loan commissioners, as security for a loan made pursuant to Laws 1837, c. 150, entitled “An act authorizing a loan of certain moneys belonging to the United States, deposited with the state of New York for safe-keeping.” Thereafter, on default in the payment of interest on the loan, the commissioners foreclosed the mortgage, and sold the premises to Cornelius V. Siddell,…
1Opinion of the CourtSedgwick, C. J.
The action was in ejectment. The plaintiff claimed a title and possession earlier than the time of the giving of two mortgages to the loan commissioners of the United States. But her grantor, Rosa Elsas, had given to the commissioners the two mortgages, and had conveyed to the plaintiff the premises subject to the mortgages. On 1st October there was a default of payment of interest, which continued for 21 days thereafter. Thereupon, by statute (Loan Commissioners’ Act; Laws 1837, c. 150, § 30), the commissioners “were seized of an absolute and indefeasible estate in fee in said lands.” This…
2Cases cited2 opinions
- Pell v. . UlmarNew York Court of Appeals · 1858
- Thompson v. Commissioners for Loaning Certain Moneys of the United StatesNew York Court of Appeals · 1879