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Reports of cases in law and equity in the Supreme court of the state of New York Volume 52
by:New York. Supreme Court
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 Excerpt: ...collision. The enjoyment of the premises for eighteen months enBurr r. Stenton. suing the sale Boughton has never acquired. He claims?975 as amends....
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 Excerpt: ...collision. The enjoyment of the premises for eighteen months enBurr r. Stenton. suing the sale Boughton has never acquired. He claims?975 as amends. That is, as damages, although he is not damnified, for he remains in possession, having neither attorned nor been subjected to higher rent, and nothing has happened but an event which he took the risk of--damages without damnification. Confessedly, Boughton had neither the same cause of action as was established in Chatterton v. Fox, and Mack v. Patchin, (supra,) nor the same judgment as the plaintiffs in those cases obtained. Yet he claims the exact lien he would have had if he had docketed judgment before the sale. And this under an order to determine the priority of liens. II. In rem. Boughton had no interest or lien on the surplus. 1. Stenton's title was subject to the plaintiff's mortgage. So was Boughton's. Each had the option to redeem on his own account; neither was under obligation to redeem for the other. The estates of both in the laud ceased at the sale. 2. All estates and interests in premises sold by act of law are, unless extinguished by the sale, transferred to the surplus; and those bear to each other the same relation they bore to the land, except that possessory estates are compensated by interest instead of possession, whether the estates be for years, for life, or lives, (a.) Possessory estates for a time certain are canceled by the payment of interest discounted at six per cent. (b.) Possessory estates for life or lives, arc mere estates for years, the number of which is beforehand unknown, and the fund must be invested to await the development, unless the owner will consent that the term be turned into years on the principle of annuities. (Dower, 1 R. S. 741, 5, 6; 2 id. 106,...
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