Ex parte Wilson
New York Supreme Court
Redemption. On the 9th of June, 1841, H. Wilson obtained a judgment in the supreme court against Evert A. Banker. The latter was then the owner of a leasehold interest in two lots situated in Delaney street, in the city of New-York, viz. lots No. 309 and 315. The lease of lot No. 309 was for twenty-one years from the 1st of January, 1826, with a covenant for renewal on the expiration of the térro,, at the option of the lessee; and the other lease was for the same number of…
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Redemption. On the 9th of June, 1841, H. Wilson obtained a judgment in the supreme court against Evert A. Banker. The latter was then the owner of a leasehold interest in two lots situated in Delaney street, in the city of New-York, viz. lots No. 309 and 315. The lease of lot No. 309 was for twenty-one years from the 1st of January, 1826, with a covenant for renewal on the expiration of the térro,, at the option of the lessee; and the other lease was for the same number of years from the 1st of May, 1826, with a like covenant for renewal. On the 14th of February, 1843, the right and title of…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The right to redeem turns upon the true construction of the act of May 16th, 1837, (Sess. L. of 1837, p. 540,) as the judgment was not a lien upon a term for years at common law, (7 Wend. 466,) nor within the original redemption law. (17 Wend. 674 ; 20 id. 416.)
The act of 1837 provides that the révised statutes relating to the sale and redemption of real estate “ shall be applicable to *151the sale and right of redemption of leasehold property, where the lessee, or the assignee of the lessee, shall be possessed of at least jive years unexpired term of the lease, and…
2Cases cited2 opinions
- People v. W. P. HaskinsNew York Supreme Court · 1831
- People ex rel. Sears v. WesterveltNew York Supreme Court · 1836