Olyphant v. Phyfe

This is the third foreclosure action arising, out of the proceedings of the executors of William Campbell, deceased, the two previous cases being reported as below. Arnoux v. Phyfe, 6 App. Div. 605; Benedict v. Arnoux, 7 id. 1; S. C. 154 N. Y. 715.

This case involves the determination whether the estate of the mortgagee, personally innocent, shall utterly lose the security given on account of the mistake or wrong of her agent in making the investment.

William Campbell died in 1888, seized in fee simple of the premises No. 62 South Fifth avenue, New York city. He was involved to the extent of…