Monroe v. Button
New York Supreme Court
Action brought to foreclose a mortgage. The defense is that the property covered thereby was purchased by the above-named defendant with pension money, and is, therefore, exempt.
1Opinion of the CourtHiscock, J.
It is undisputed that the defendant and his wife executed the mortgage in suit, and that there is past due thereupon the amount set forth in the complaint; also that the defendant James B. is a pensioner of the United States, and used upwards of $1,300 of pension moneys received by him in part purchase of said premises; that the value of said premises does not exceed the sum of $1,800, and is not sufficient to repay to said defendant his pension moneys, and also to pay to plaintiff the amount due upon her mortgage. There was no evidence or claim upon the trial that the original mortgagee or…