Duryea v. . MacKey
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered December 6, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered December 6, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The mortgage in question cannot be sustained by virtue of any authority conferred upon the Surrogate’s Court to direct the disposition by sale or mortgage of the real property of a deceased person for the payment of debts under the provisions of section 2749 of the Code of…
1Opinion of the Court
Andrews, Ch. J.
On the 6th day of May, 1882, when the mortgage for the foreclosure of which this action was brought was executed, the title to the mortgaged premises was in the heirs at law of Henry Code, or in the defendants John Mackey, Solomon Cock, Jacob Mackey and Freelove Lewis, devisees under his will. The testator, Henry Cock, died on the 31st day of March, 1881, leaving a will whereby lie appointed the defendant John Mackey the executor and devised to him a life estate in the the premises in question, with remainder to the other defendants named. The will was presented by the…
2Cases cited1 opinion
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