Legal Opinion

Miner v. Beekman

The Superior Court of New York City

Decided November 15, 1870PublishedCited by 1 opinion

Appeal from judgment dismissing the complaint. The action was brought by Russell D. Miner against Annie M. Beekman, Hugh Crombie and others, to redeem five lots of land in the city of New York, situated on Fourth-avenue between Eighty-fifth and Eighty-sixth-streets, from the lien of a mortgage, and to re-* cover possession.

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Appeal from judgment dismissing the complaint. The action was brought by Russell D. Miner against Annie M. Beekman, Hugh Crombie and others, to redeem five lots of land in the city of New York, situated on Fourth-avenue between Eighty-fifth and Eighty-sixth-streets, from the lien of a mortgage, and to re-* cover possession. The complaint alleged: That Isaac M. Woolley, the owner, and his wife, made a mortgage upon said premises to Leonard W. Lawrence, November 3, 1838, to secure one thousand dollars, payable in one year. Afterward, May 16, 1843, Woolley and wife conveyed the premises, subject…

1Opinion of the Court

By the Court.—Freedman, J.

It is the settled law of this State that the legal ownership of land mortgaged, is not, as in England, vested in the mortgagee, subject to be defeated by the performance of the condition. The mortgage is a mere lien or security for debt, and not, in any sense, a title. The debt, in the *151eye of the law, is the principal, and the landed security merely appurtenant and secondary (Kortright v. Cady, 21 N. Y., 343; Stoddard v. Hart, 23 Id., 556).

A mortgagee cannot, in any way, convey, devise, mortgage or incumber the land ; while the mortgagor can do all these things.…

2Cases cited19 opinions

  1. Kortright v. . CadyNew York Court of Appeals · 1860
  2. Mills v. . Van VoorhiesNew York Court of Appeals · 1859
  3. Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
  4. Green v. HartNew York Supreme Court · 1806
  5. Runyan v. MersereauNew York Supreme Court · 1814

14 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Same v. WoodwardNew York Supreme Court · 1880

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