Gruner v. Ruffner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles A. Pooley, individually, from an order-of the County Court of Erie county, entered in the office of the clerk of said county on the 3d day of June, 1908, denying the said defendant’s motion to set aside a sale in foreclosure. The action is in County Court for the foreclosure of a mortgage given by one Thomas and the defendant Pooley collateral to a bond executed by said mortgagors.
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Appeal by the defendant, Charles A. Pooley, individually, from an order-of the County Court of Erie county, entered in the office of the clerk of said county on the 3d day of June, 1908, denying the said defendant’s motion to set aside a sale in foreclosure. The action is in County Court for the foreclosure of a mortgage given by one Thomas and the defendant Pooley collateral to a bond executed by said mortgagors. Thomas died before the commencement of the action devising a part of the premises covered by the mortgage and owned by him to his widow, who subsequently married Ernest L. Euffner.…
1Opinion of the Court
Spring, J.:
The infant children, upon the death of their mother, became the owners of the equity of redemption of a part of the mortgaged premises, subject to the tenancy by the curtesy of their father. The estate of the mother terminated by her death, and their title came by operation of law, and they should be made parties to the action. (15 Ency. PI. & Pr. 651.)
The effect of filing the notice of pendency of action was “ constructive notice * * * to a purchaser or incumbrancer of the property affected thereby.” (Code Civ. Proc. § 1671.) It was not effective against the infants who acquired…
2Cases cited5 opinions
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- Crouter v. . CrouterNew York Court of Appeals · 1892
- Gotendorf v. . GoldschmidtNew York Court of Appeals · 1880
- Van Williams v. EliasAppellate Division of the Supreme Court of the State of New York · 1905
- O'Donaghue v. . SmithNew York Court of Appeals · 1906
3Cited by5 opinions
- Bonds v. Joplin's HeirsNew Mexico Supreme Court · 1958
- Pacilio v. ScarpatiCity of New York Municipal Court · 1937
- Lella v. HolmanCity of New York Municipal Court · 1938
- McGrath v. Roefs, New York County Courts1922
- Melnick v. LaszioNew York City Court · 1937