New York Court of Appeals

Henry Ten Eyck, Appellant v. Oscar Craig, Executors

September 21, 187562 N.Y. 406

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the judgment assigned to Benedict was satisfied, the redemption by Powers was void, and that a mortgagee in possession may purchase title on an execution sale despite any prior contractual arrangement. The court reasoned that payment of a judgment extinguishes it, and that a mortgagee in possession is not a trustee bound by fiduciary duties that would bar such a purchase.