George S. Trimm, Appellants v. Sarah Ann Marsh, Respondent

Summary

The Court of Appeals affirmed the General Term's order, holding that the execution sale of the mortgagor's equity of redemption was valid and the plaintiffs could not redeem the premises. The majority reasoned that the mortgagee's interest is a lien, not title, and that possession does not transfer legal estate. A dissent argued that the mortgagor retained a redeemable title, while a concurrence agreed with the result but expressed hesitation about the effect of possession.