Cheney v. . Woodruff
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the Second judicial district affirming judgment of Special Term in favor of the plaintiffs.
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Appeal from the judgment of the General Term of the Supreme Court in the Second judicial district affirming judgment of Special Term in favor of the plaintiffs. The plaintiffs claimed for use and occupation of a warehouse in the city of Brooklyn, for the period of twenty-one days, viz.: From the 10th day of July to and including the '30th day of July, 1867, alleging ownership by the plaintiffs ■during the period aforesaid, and occupation by the defendants •with consent of the plaintiffs. The answer denies the ownership of plaintiffs, and alleges that defendants occupied under a lease from the…
1Opinion of the Court
By the Court—Peckham, J.
The sole question here is, has the purchaser at a mortgage foreclosure sale, after he gets his deed, a right to the rent accruing between the time of purchase and the time of delivering the deed ?
It is insisted by the plaintiff’s counsel, that all interest in the land is gone from the mortgagor at the instant of the auction sale, though the deed is not to be given, nor the money paid in full till some time thereafter; and that, although the purchaser does not thereby acquire the legal, he does the equitable title, which is perfected by the delivery of the deed; and…
2Cases cited6 opinions
- Brown v. FrostNew York Court of Chancery · 1843
- Nellis v. LathropNew York Supreme Court · 1839
- Astor v. TurnerNew York Court of Chancery · 1845
- Rich v. BakerNew York Supreme Court · 1846
- Bissell v. PaynNew York Supreme Court · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Beal v. Attleborough Savings BankMassachusetts Supreme Judicial Court · 1924
- In Re SmithUnited States Bankruptcy Court, W.D. New York · 1980
- In re BraicoAppellate Division of the Supreme Court of the State of New York · 1932
- Morrow v. Warner Valley Stock Co.Oregon Supreme Court · 1909
- Ainslie v. HicksAppellate Division of the Supreme Court of the State of New York · 1897
16 more not listed; retrieve them via the Exa API.