James v. Stull
New York Supreme Court
In Equity. The bill was filed by the plaintiffs, as subsequent mortgagees, to redeem a portion of certain premises covered by their mortgage, from a sale under a prior mortgage, and to foreclose their mortgage.
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In Equity. The bill was filed by the plaintiffs, as subsequent mortgagees, to redeem a portion of certain premises covered by their mortgage, from a sale under a prior mortgage, and to foreclose their mortgage. The first mortgage was executed upon the whole premises, Sept. 27,1837, and was foreclosed by advertisement published in a newspaper twelve weeks, and bid in by the assignee of the mortgage, on the 5th of April, 1843. The defendant Julius T. Andrews subsequently paid the purchaser the amount of his bid, and took a conveyance of the premises from him. The plaintiffs’ mortgage was…
1Opinion of the CourtJohnson, J.
If the sale of the mortgaged premises, in pursuance of the power of sale in the mortgage, was valid, under the twelve weeks’ notice, the complainants are barred of their equity of redemption. By the revised statutes, prior to the act of 1842, the right of every “ mortgagee of the same premises whose title accrued prior to such sale,” was reserved from the operation of the sale. But by the act of 1842, every person claiming by such a title is barred by a sale pursuant to that act, to a purchaser in good faith. The right of a mortgagee is not a title, but that term is used both in the revised…
2Cited by12 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- International Building & Loan Ass'n v. HardyTexas Supreme Court · 1894
- Metropolitan Bank v. . Van DyckNew York Court of Appeals · 1863
- Rich v. FlandersSupreme Court of New Hampshire · 1859
- Wetmore v. RobertsNew York Supreme Court · 1853
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