Drake v. Paige
New York Supreme Court
Appeal from judgment on report of referee. The plaintiff, Julia E. Drake, in her amended complaint alleged that she and the defendants, Jane L. Paige, Lewis B. Paige, and Edith Paige, and ■Clinton F. Paige, as trustee for Lewis B. Paige, own and possess, as tenants in common, certain four parcels of real estate therein described; that the plaintiff owns an individual three-fourths interest in fee; that Caroline L. Paige ■owned the other one-fourth, and she died intestate in…
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Appeal from judgment on report of referee. The plaintiff, Julia E. Drake, in her amended complaint alleged that she and the defendants, Jane L. Paige, Lewis B. Paige, and Edith Paige, and ■Clinton F. Paige, as trustee for Lewis B. Paige, own and possess, as tenants in common, certain four parcels of real estate therein described; that the plaintiff owns an individual three-fourths interest in fee; that Caroline L. Paige ■owned the other one-fourth, and she died intestate in 1879, leaving her surviving a husband, the defendant Clinton F. Paige, and three children, the said Jane L., Lewis B.,…
1Opinion of the CourtMerwin, J.
The only question before us is whether Clinton F. Paige has a lien or charge on the one-fourth interest of Frederick Lewis, acquired by plaintiff through the foreclosure of the mortgage of June S, 1873, for the amount he was compelled to pay by reason of the appropriation by Frederick Lewis of the Morgan and King mortgages. We must assume here that Paige was correctly charged by the surrogate with the amount of those mortgages by reason of the knowledge of Paige of the design of Lewis to misappropriate, and his assistance in enabling him to do it. The claim, then, of Paige is that he was in…
2Cases cited9 opinions
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Crittenden v. . FairchildNew York Court of Appeals · 1869
- Ackerman v. . GortonNew York Court of Appeals · 1876
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