Jackson ex dem. Limerick v. Voorhis
This text of 9 Johns. 129 (Jackson ex dem. Limerick v. Voorhis) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 [130]*130utterly foreclosed and barred of all equity of redemption of the mortgaged premises,” &c. The default amounted, ipso facto, to an absolute foreclosure, and, consequently, a complete title exist-e£l out of the lessors, at the commencement of the suit.
Judgment for the defendant.
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9 Johns. 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-limerick-v-voorhis-nysupct-1812.