Jackson ex dem. Ballou v. Campbell
New York Supreme Court
This was an action of ejectment, tried at the Madison circuit in March, 1829, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of ejectment, tried at the Madison circuit in March, 1829, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff claimed to recover the premises in question as the assignee of a mortgage executed by one Woolcher to the people of the state, bearing date in 1797, conveying a lot of land, of which the premises in question are a pait, given to secure the payment of $525 with interest at the rate of six per cent, per annum, to be paid annually and the principal when demanded. On the 25lh July, 1812, the comptroller of the state, in pursuance of an act of the…
1Opinion of the Court
By the Court,
Sutherland, J.
The defendant objects to a recovery, principally on two grounds; 1. That the treasurer of Hamilton college had no authority to assign the mortgage, and that Ballou consequently acquired no interest in the mortgage, or title to the mortgaged premises, by virtue of such assignment; and 2. That admitting the assignment to have been valid, the lien of the mortgage was destroyed by the lender made of the principal and interest due upon the mortgage, which Ballou refused to receive.
In the absence of all proof upon the subject, we should probably have been authorized in…
2Cited by11 opinions
- Koehler v. Black River Falls Iron Co.Supreme Court of the United States · 1863
- Gibson v. . Nat'l Park Bk. of N.Y.New York Court of Appeals · 1885
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- National Folding Box & Paper Co. v. American Paper Pail & Box Co.U.S. Circuit Court for the District of Southern New York · 1893
- Maroney v. ColeCity of New York Municipal Court · 1907
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