Denton v. Ontario County Nat. Bank
New York Supreme Court
Appeal from special term, Ontario county. Action by Eugene C. Denton against the Ontario County national Bank and others to foreclose a mortgage! From a judgment entered on the decision at special term and on the report of a referee denying him the right to foreclose, but granting the privilege to redeem on certain terms, plaintiff appeals. Reversed.
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Appeal from special term, Ontario county. Action by Eugene C. Denton against the Ontario County national Bank and others to foreclose a mortgage! From a judgment entered on the decision at special term and on the report of a referee denying him the right to foreclose, but granting the privilege to redeem on certain terms, plaintiff appeals. Reversed. The opinion of Adams, J., rendered on the trial of this ease at special term, and referred to by Mr. Justice Macomber, is as follows:
1Opinion of the CourtMacohber, J.
This action is the ordinary one for the foreclosure of a mortgage and for the sale of the mortgaged premises. The mortgage was executed by Letitia G. Durand to the plaintiff to secure the payment of the sum of $1,060, with interest, on the 12th day of April, 1888. ' The land consists of 33 acres situate in the town of Canandaigua, N. Y. The execution of the mortgage and the non-payment of the same being undisputed, the plaintiff clearly made & prima facie case for a judgment of foreclosure and sale of the mortgaged premises, in pursuance of s.ection 1626 of the Code of Civil Procedure. But…
2Cases cited3 opinions
- Peabody v. RobertsNew York Supreme Court · 1866
- Hart v. . WandleNew York Court of Appeals · 1872
- Bigelow v. DavolNew York Supreme Court · 1891
3Cited by1 opinion
- Denton v. Ontario County National BankNew York Supreme Court · 1894