Stackpole v. Robbins
New York Supreme Court
APPEAL from a judgment entered upon a referee’s report. The action was brought by the plaintiff to restrain the defendants, as loan commissioners of Bensselaer county, from selling certain premises under a mortgage executed by one Millar, to their predecessors, on the 28th of July, 1837, for $500, which the plaintiff claimed was satisfied and discharged by a previous sale. The cause was referred to George Gould, Esq. as referee, who reported in favor of the plaintiff.
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APPEAL from a judgment entered upon a referee’s report. The action was brought by the plaintiff to restrain the defendants, as loan commissioners of Bensselaer county, from selling certain premises under a mortgage executed by one Millar, to their predecessors, on the 28th of July, 1837, for $500, which the plaintiff claimed was satisfied and discharged by a previous sale. The cause was referred to George Gould, Esq. as referee, who reported in favor of the plaintiff. On the appeal a new trial was granted, and the referee reported in favor of the defendants, on the second trial. It appeared…
1Opinion of the CourtMiller, J.
The facts presented upon the present appeal, do not appear to differ essentially from those which existed when this case was before the general term for review, on a former occasion, when the decision of the referee was reversed.
As no opinion was then written, showing the grounds of reversal, it may perhaps be well to examine the questions presented, the same as if the case was now for the first time before us,
The principal question which arises, I think, is that which relates to the effect of the judgment of this court which vacated and set aside the foreclosure and sale by the commissioners…
2Cases cited5 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Snider v. CroyNew York Supreme Court · 1807
- Adams v. HullNew York Supreme Court · 1845
- Hawley v. GriswoldNew York Supreme Court · 1863
3Cited by8 opinions
- Johns v. WilsonSupreme Court of the United States · 1901
- Muir v. BerkshireIndiana Supreme Court · 1875
- Brackett v. BanegasCalifornia Supreme Court · 1897
- In re City of New York to Acquire Title to East Twenty-Ninth StreetAppellate Division of the Supreme Court of the State of New York · 1936
- Lindgren v. LindgrenSupreme Court of Minnesota · 1898
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