Fox v. Burns
New York Supreme Court
This was an appeal from a judgment of the Cayuga county court. The cause was originally commenced before a justice of the peace. It appeared by the return of the justice, that on the 15th of March, 1849, Calvin Tanner executed a chattel mortgage, upon a cow and other property, to Dennis Tanner, to secure the payment of $63 and interest, one year from date; which mortgage was filed in the proper town clerk’s office the next day.
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This was an appeal from a judgment of the Cayuga county court. The cause was originally commenced before a justice of the peace. It appeared by the return of the justice, that on the 15th of March, 1849, Calvin Tanner executed a chattel mortgage, upon a cow and other property, to Dennis Tanner, to secure the payment of $63 and interest, one year from date; which mortgage was filed in the proper town clerk’s office the next day. The cow remained with the mortgagor until his death on the 17th of June, 1850, and thereafter with his widow until in July, 1850, when she sold the cow to the…
1Opinion of the Court
By the Court,
T. R. Strong, J.
The mortgage of Calvin Tanner to Dennis Tanner, transferred to the latter the entire legal title to the cow, subject only to be defeated by payment of the mortgage debt according to the terms of the mortgage. (Butler v. Miller, 1 Comst. 496, 500. Coles v. Clark, 3 Cushing, 399, 401, 2.) Upon the default of the mortgagor in payment, the legal title of the mortgagee to the animal was perfect. Thenceforth the mortgagor had only an equity of redemption, which, on his death, descended to whoever represented him as to the property. (Burdick v. McVanner, 2 Denio, 170,…
2Cases cited4 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Hyde v. StoneNew York Supreme Court · 1831
- Burdick v. McVannerNew York Supreme Court · 1846
- Roosevelt v. EllithorpNew York Court of Chancery · 1843
3Cited by11 opinions
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
- Vedder v. SaxtonNew York Supreme Court · 1865
- Thompson v. Van VechtenThe Superior Court of New York City · 1857
- Halstead v. SwartzNew York Supreme Court · 1873
- In re the Estate of PhillipsNew York Surrogate's Court · 1932
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