Jackson ex dem. Ferris v. Fuller
New York Supreme Court
THIS was an action of ejectment, upon a mortgage, executed on the 1st May, 1807, by Andrew Wilson, junior, to the lessor of the plaintiff. It was admitted, that the mortgage debt was due and unpaid, and that the defendant was in possession, without the privity or consent of the plaintiff. Wilson, the mortgagor,- in February or March, 1808, conveyed the premises, in fee, to one Daniel Wilson, subject to the mortgage.
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THIS was an action of ejectment, upon a mortgage, executed on the 1st May, 1807, by Andrew Wilson, junior, to the lessor of the plaintiff. It was admitted, that the mortgage debt was due and unpaid, and that the defendant was in possession, without the privity or consent of the plaintiff. Wilson, the mortgagor,- in February or March, 1808, conveyed the premises, in fee, to one Daniel Wilson, subject to the mortgage. In April last, the interest of the mortgagor was sold on execution, at public auction, to Daniel Wilson, who was the highest bidder, and on the 1st of May last, he leased the…
1Per curiam
The case of Jackson, ex dem. Benton, v. Laughhead, (2 Johns. Rep. 75.) in which the court decided, that a mortgagor was entitled to notice to quit, arose between the original mortgagor and mortgagee. There was a privity of contract, as well as of estate, existing in that ease ; and the reason of the rule requiring notice, is much weakened, when it is to be applied to the case of a purchaser in fee under the mortgagor. All privity between the -parties is now gone. The purchaser is a stranger to the contract by which the mortgage was created. He cannot be considered in the light of a tenant. He…
2Cited by10 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Comer v. SheehanSupreme Court of Alabama · 1883
- Jackson v. StackhouseNew York Supreme Court · 1823
- Livingston v. . TannerNew York Court of Appeals · 1856
- Jackson ex dem. Church v. MillerNew York Supreme Court · 1827
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