Robinson v. Ryan
New York Court of Appeals
Appeal from the Supreme Court. Action to foreclose a mortgage upon a farm in Berne, Albany county, made by Catharine D. Ryan and Peter D. Ryan to Horace Wyman and John D. Livingston, November 27, 1852, for $1,850, payable in five years, with interest annually, part of the purchase money of the mortgaged premises conveyed the same day by the mortgagees to Catharine D. Ryan, who was the wife of Peter D. Ryan.
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Appeal from the Supreme Court. Action to foreclose a mortgage upon a farm in Berne, Albany county, made by Catharine D. Ryan and Peter D. Ryan to Horace Wyman and John D. Livingston, November 27, 1852, for $1,850, payable in five years, with interest annually, part of the purchase money of the mortgaged premises conveyed the same day by the mortgagees to Catharine D. Ryan, who was the wife of Peter D. Ryan. The complaint alleges an assignment of the mortgage by the mortgagees to one Hornblower, and - an assignment by Hornblower to the plaintiffs; that $94.50 for interest due 27th ¡November,…
1Opinion of the CourtSutherland, J.
There is no doubt that, as to the mortgagors and their grantees, or the grantees of Mrs. Ryan, the statutory foreclosure was utterly void, and did not and could not affect their title or estate, or operate so as to convey a legal title to the premises to the plaintiff. (Bloom v. Burdick, 1 Hill, 130; Van Slyke v. Shelden, 9 Barb., 278.)
The act of 1844, amending the provisions of the Revised Statutes as to foreclosing mortgages by advertisement, requires a copy of the published notice of foreclosure to be served on the mortgagor, either personally or by leaving the same at the dwelling house…
2Cases cited4 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Burr v. VeederNew York Supreme Court · 1829
- Slyke v. SheldenNew York Supreme Court · 1850
- Faure v. WinansNew York Court of Chancery · 1824
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- Cullen v. SpriggCalifornia Supreme Court · 1890
- Citizens National Bank v. Third National BankIndiana Court of Appeals · 1898