Jackson ex dem. Limerick v. Voorhis
New York Supreme Court
THIS was an action of ejectment. The cause was tried at the Greene circuit, in 1811, before .Mr. Justice Spencer. The plaintiff proved that Alary Limerick, one of the lessors, was the widow, and the other lessor, the infant daughter of Isaac Limerick, deceased, who owned the premises in question, at the time of his decease, and that the defendant took possession after his death.
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THIS was an action of ejectment. The cause was tried at the Greene circuit, in 1811, before .Mr. Justice Spencer. The plaintiff proved that Alary Limerick, one of the lessors, was the widow, and the other lessor, the infant daughter of Isaac Limerick, deceased, who owned the premises in question, at the time of his decease, and that the defendant took possession after his death. The defendant produced a mortgage from Joseph Adams, under whom Isaac Limerick claimed, of the premises in question, in September, 1810, to the loan-officers of the county of Albany, to secure the payment of 200L…
1Per curiam
At the commencement of the suit, there was a a full and perfect title existing in the loan-officers. The 13th section of the act of the 14th March, 1792, {Lams, vol. 2. p. 288.) is decisive, and will not permit the court to regard any estate as existing in the mortgagor, after a default of 22 days from the 1st Tuesday in May, to pay the interest; for the statute declares that the loan-officer shall then be seised of an absolute indefeasible estate in the land so mortgaged, &c. and the mortgagor shall be *130utterly foreclosed and barred of all equity of redemption of the mortgaged premises,” &c.…
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