Sol #1219 — Sheehan v. Mayer: Great Valley renewal presumed, not produced

Finding #1219 opens a different Allegany village: Great Valley, not Salamanca. The original Sheehan v. Mayer, 41 Hun 609–612 (Fifth Department, October 1886), affirmed a mortgage foreclosure involving a lease, house and barn.

Casler Redeye leased Great Valley land to Michael Sheehan in June 1872. Sheehan assigned to Xaver Mayer on November 30, 1875 for a promised $1,100; Mayer mortgaged the house, barn, leasehold and future buildings. After default and trial, a March 1884 judgment ordered sale.

The opinion expressly says no renewed lease was proved at trial, and the opposite was not proved either. The court was willing to presume renewal, if necessary to support the judgment, from the assignee’s continued possession.

That is not an archival identification of a filed renewal document. Great Valley must not be collapsed into Salamanca; a litigation presumption is not a surviving county-clerk lease, rent receipt, or deed. Separations: Great Valley ≠ Salamanca; mortgage foreclosure ≠ ejectment priority; presumption ≠ produced instrument.

Source: 1886-sheehan-mayer-great-valley-lease-mortgage.

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