Hart v. . Wandle
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district modifying, and affirming as modified, a judgment in favor of plaintiff entered upon decision of court at Special Term. This is an action brought to foreclose a mortgage of $5,000, held by the plaintiff, Betsey Amelia Hart, on premises in Rockland county, in this State.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district modifying, and affirming as modified, a judgment in favor of plaintiff entered upon decision of court at Special Term. This is an action brought to foreclose a mortgage of $5,000, held by the plaintiff, Betsey Amelia Hart, on premises in Rockland county, in this State. The facts are as follows: “ The defendants, Wandle and Westervelt, were the former owners of the mortgaged premises, and executed the mortgage held by plaintiff. In 1852 they sold and conveyed to John H". Billings. In August, 1857,…
1Opinion of the CourtGrover, J.
The case contains no findings of fact by the Special Term, and no exceptions to any legal conclusions. It shows that by the stipulation of the parties the testimony was taken- by a referee and reported to the co urt. Objections were taken before the referee to some of the testimony, but whether these were renewed before the court or any ruling thereon made, does not appear. Had the judgment of the Special Term been affirmed by the General Term, no question would have been raised for review by this court, as there was no exception taken to any ruling of the former. (Stratton v. Cornfield, 2…
2Cases cited3 opinions
- Russell v. . PistorNew York Court of Appeals · 1852
- La Farge Fire Insurance v. BellNew York Supreme Court · 1856
- Stratton v. CornfieldNew York Court of Appeals · 1865
3Cited by6 opinions
- Stout v. RigneyCourt of Appeals for the Eighth Circuit · 1901
- Zabriskie v. . SalterNew York Court of Appeals · 1880
- Denton v. Ontario County Nat. BankNew York Supreme Court · 1892
- Denton v. Ontario County National BankNew York Supreme Court · 1894
- Eichhammer v. ParsonsNew York Court of Appeals · 1937
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