Legal Opinion

Keeler v. . Keeler

New York Court of Appeals

Decided March 26, 1886PublishedCited by 3 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third j’udicial department, entered upon an order made November 21, 1882, which affirmed a j'udgment entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. This statute is in derogation of the common-law right of the lessee and must be strictly construed. (Doe, ex dem.

Read the full summary

Appeal from judgment of the General Term of the Supreme Court, in the third j’udicial department, entered upon an order made November 21, 1882, which affirmed a j'udgment entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. This statute is in derogation of the common-law right of the lessee and must be strictly construed. (Doe, ex dem. Hitchens, v. Lewis, 1 Burr. 614, 619; Hill v. Barclay, 18 Ves. 60; Woodfall’s Landl. and Ten. [7th ed.] 655, 656; Elliot v. Cronk's Admrs, 13 Wend. 39; Hasbrouck v. Paddock, 1…

1Opinion of the CourtSapallo, J.

This action was brought in August, 1872, for the foreclosure of a mortgage. The complaint alleged that the defendant, Burr Keeler 2d, together with his wife, Jane Keeler, on the 1st of March, 1861, mortgaged to Patience Keeler a farm of fifty acres of land in Delaware county, to secure an indebtedness of $900, with interest. That Patience Keeler assigned this mortgage in December, 1861, to the plaintiff in this action; that default had been made in the payment of the principal and interest of the mortgage; and the plaintiff demanded as relief a foreclosure and sale of the mortgaged premises.…

2Cases cited1 opinion

  1. Mandeville v. . ReynoldsNew York Court of Appeals · 1877

3Cited by3 opinions

  1. Wescott v. State Highway CommissionSupreme Court of North Carolina · 1964
  2. Avery v. New York Cent. & H. R. RailroadThe Superior Court of the City of New York and Buffalo · 1889
  3. N. Y., Lake Erie & Western Railroad v. RobinsonNew York Supreme Court · 1887

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API