Bryan v. Butts
New York Supreme Court
ACTION to recover the possession of real estate, situated in Monroe county. The plaintiff claimed the premises as the purchaser thereof at a sale under a statute foreclosure of a mortgage executed by one James McDermott to Samuel Owen, and assigned, by several mesne assignments, to the plaintiff. On the trial the plaintiff produced and proved proceedings for the foreclosure of the mortgage, under the statute.
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ACTION to recover the possession of real estate, situated in Monroe county. The plaintiff claimed the premises as the purchaser thereof at a sale under a statute foreclosure of a mortgage executed by one James McDermott to Samuel Owen, and assigned, by several mesne assignments, to the plaintiff. On the trial the plaintiff produced and proved proceedings for the foreclosure of the mortgage, under the statute. The proceedings were all regular, except that they did not show any personal service of notice on McDermott, the mortgagor. But the plaintiff proved by a witness by whom the notice was…
1Opinion of the Court
By the Court, Johnson, J.
The plaintiff’s title was not complete at the commencement of the action. Until all the *505proceedings to foreclose a mortgage have been completed, the title and seisin remain in the mortgagor. A mortgage is now nothing but a security for a debt, giving the mortgagee a specific lien only, upon the estate mortgaged. It conveys no title to the property. The interest of the mortgagee is a mere chattel interest. (Gardner v. Heartt, 3 Denio, 232. Calkins v. Calkins, 3 Barb. 305. Waring v. Smyth, 2 Barb. Ch. R. 135.) The title and seisin remain in the mortgagor, until…
2Cases cited4 opinions
- Gardner v. HearttNew York Supreme Court · 1846
- Calkins v. CalkinsNew York Supreme Court · 1848
- Arnot v. McClureNew York Supreme Court · 1847
- Layman v. WhitingNew York Supreme Court · 1855
3Cited by5 opinions
- Warner v. BlakemanNew York Supreme Court · 1862
- Reynolds v. WebsterNew York Supreme Court · 1893
- Peabody v. Leong YenHawaii Supreme Court · 1921
- Cowdrey v. TurnerNew York Supreme Court · 1895
- Mowry v. SanbornNew York Supreme Court · 1876