Lane v. King
New York Supreme Court
Error from Greene common pleas. King sued Lane in a justice’s court for cutting and carrying away rye growing upon a certain farm, and recovered judgment. Lane appealed to the common pleas of Greene, and on the trial in that court the following facts appeared: in December, 1827, one Lampman executed a mortgage of a farm to King, to secure the payment of #1300, of which #250 was to be paid within one year, and the residue in four annual instalments.
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Error from Greene common pleas. King sued Lane in a justice’s court for cutting and carrying away rye growing upon a certain farm, and recovered judgment. Lane appealed to the common pleas of Greene, and on the trial in that court the following facts appeared: in December, 1827, one Lampman executed a mortgage of a farm to King, to secure the payment of #1300, of which #250 was to be paid within one year, and the residue in four annual instalments. In June, 1829, Lampman let a portion of his farm to Lane for the term of two years, at a rent of $35 per annum; Lane to be entitled to the grain…
1Opinion of the Court
By the Court, Sutherland, J.
The question in this case Is whether the lessee of a mortgagor is entitled, as against the mortgagee, to the crops growing on the mortgaged premises at the time of the foreclosure and sale, the mortgagee having become the purchaser. In England the mortgagee may sustain an action of ejectment against the mortgagor or any one claiming under him, by title subsequent to the mortgage, without any notice to quit 5 they are considered mere tenants at will. Keech v. Hall, Doug. 21, Moss v. Gallimore, id. 269. Powell on Mortgages, 205, 6, chap. 7. In this state, however, it…
2Cited by45 opinions
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