Chamberlain v. . Choles
New York Court of Appeals
Appeal by Ella Hall, Caleb S. Marshall, and Ehodes Kingsbury, from an order of the General Term in the second district, affirming the order of the Special Term, denying the application of the appellants to be restored to the possession of the mortgaged premises. The action was prosecuted to foreclose a mortgage.
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Appeal by Ella Hall, Caleb S. Marshall, and Ehodes Kingsbury, from an order of the General Term in the second district, affirming the order of the Special Term, denying the application of the appellants to be restored to the possession of the mortgaged premises. The action was prosecuted to foreclose a mortgage. It was commenced in September, 1862, and after decree and sale of the premises to the plaintiff, a writ of assistance was granted on the ex parte application of the plaintiff, directing the sheriff of the county of Westchester to remove the appellants from the premises, and to put the…
1Opinion of the CourtMobgau, J.
It will be unnecessary to notice several things which have crept into the case, as the question presented hy the appeal depends upon principles entirely independent of the value of the property, or of the validity of the tax title under which the appellants now claim possession.
It is conceded-that the plaintiff was not entitled to a writ of assistance, to put him in possession of .the mortgaged premises, as against the appellants. I't'is“also admitted that the appellants were ejected, and the plaintiff was put in possession, hy force of the writ. That writ having been set aside arid vacated…
2Cases cited1 opinion
- Ex parte ReynoldsNew York Supreme Court · 1804
3Cited by13 opinions
- Northwestern Fuel Co. v. BrockSupreme Court of the United States · 1891
- Lopez v. . CampbellNew York Court of Appeals · 1900
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
- Hazen v. SmithSupreme Court of Florida · 1931
- Revell v. DishongSupreme Court of Florida · 1937
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