Public-domain · open source
OpenJurist

7 How. Pr. 398

Brevoort v. Randolph

New York Supreme Court

Decided February 15, 1853

New York Supreme Court · decided 1853-02-15

A question of redemption under a corporation sale on a mortgage foreclosure. The following statement of facts were agreed upon by the respective counsel: Mortgaged premises sold on the 28th June 1843, by the corporation of the city of New' York, at an assessment sale, for non payment thereof. Were struck off to defendant for $166'09, upon a lease for one thousand years. On the 11th June 1845, Breevort, plaintiff, deposited with the street commissioner $214‘59 to redeem.

Cited by 1 later decisions — most recently October 1882

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-02-15

View the full empirical analysis of this case →

Edwards, Justice.

¶1It is not pretended that the proceedings of the corporation in assessing the mortgaged premises were irregular. It is said, however, that after the sale of the property, the notice required by the statute had not been given, in order to cut off the right of redemption. If such was the case, the irregularity had no other effect than to extend the period of re*399demption. The mortgagee’s right to redeem was complete as soon as the property was assessed, and if he paid the amount of the assessment at any time before the expiration of the time for redemption fixed by the statute, he acquired a lien upon the premises (Laws of 1813, p. 420, 421).

¶2It is admitted in this case that the mortgagee did pay the assessment before the time for redemption had expired; and having done so, be had the right to add to his mortgage debt the amount which he thus paid, and to collect the same by foreclosure and sale, unless the mortgagor paid or tendered him the whole amount by way of redemption (Eagle Ins. Co. vs. Pell, 2 Edw. 631, 634; Faure vs. Winans, Hopk. Ch. 283; Dale vs. McEvers, 2 Comst. 118).

¶3The amount due to the mortgagee, at the time of the alleged tender was the amount secured to be paid by the mortgage, and the amount paid for the assessment. The amount alleged to have been tendered, was only the amount due upon the mortgage and was insufficient.

¶4The plaintiff is entitled to a decree for the whole amount claimed to be due upon the bond and mortgage, and for the amount paid by him in redemption of the property with interest.

/7/howpr/398 · .json · Public domain