Taggart v. Wade
New York Supreme Court
Appeal from special term, Kings county; Jackson 0. Dykman, Justice. Action by Mary P. Taggart against George Wade, executor of the will of Sarah J. Nagle, deceased, John B. Wade, and Mary G. Rogers, to redeem certain property which had been sold under a mortgage foreclosure. The court, at special term, found that plaintiff had a right to redeem, and made an order of reference to compute the amount due on the mortgage.
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Appeal from special term, Kings county; Jackson 0. Dykman, Justice. Action by Mary P. Taggart against George Wade, executor of the will of Sarah J. Nagle, deceased, John B. Wade, and Mary G. Rogers, to redeem certain property which had been sold under a mortgage foreclosure. The court, at special term, found that plaintiff had a right to redeem, and made an order of reference to compute the amount due on the mortgage. Prom the interlocutory judgment then entered defendants appeal.
1Opinion of the CourtBarnard, P. J.
The plaintiff joined with her husband in the execution of a mortgage, and upon its foreclosure she was not served with process. The judgment against her was not proper, and she had the right to vacate it. The old chancery rule that a husband could enter an appearance for his wife without service being made upon her seems to have been completely abolished. White v. Coulter, 59 N. Y. 629. If the wife was not personally served it follows that as to her the judgment is void. She still has an inchoate right of dower in the premises. Can she maintain a cause of action on this inchoate right to…
2Cases cited4 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Witthaus v. . SchackNew York Court of Appeals · 1887
- White v. . CoulterNew York Court of Appeals · 1874
3Cited by6 opinions
- Clifford v. . KampfeNew York Court of Appeals · 1895
- MacKenna v. . Fidelity Trust Co.New York Court of Appeals · 1906
- Crisfield v. . MurdockNew York Court of Appeals · 1891
- Campbell v. EllwangerNew York Supreme Court · 1894
- McMichael v. RussellAppellate Division of the Supreme Court of the State of New York · 1902
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