Holcomb v. Holcomb
New York Supreme Court
In Equity. This was a bill to foreclose a mortgage executed by the defendant Aretus L. Holcomb, to the plaintiff. In 1835 Azariah Holcomb died, seised of a farm of 141 acres in the town of Sand Lake, Rensselaer county, and leaving the plaintiff, his widow, entitled to dower in the farm. The defendant A. L. Holcomb, having purchased the interest of the heirs of Azariah Holcomb, became the owner of the farm, subject to the widow’s right of dower.
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In Equity. This was a bill to foreclose a mortgage executed by the defendant Aretus L. Holcomb, to the plaintiff. In 1835 Azariah Holcomb died, seised of a farm of 141 acres in the town of Sand Lake, Rensselaer county, and leaving the plaintiff, his widow, entitled to dower in the farm. The defendant A. L. Holcomb, having purchased the interest of the heirs of Azariah Holcomb, became the owner of the farm, subject to the widow’s right of dower. On the 9th of January, 1835, Stephen Yan Rensselaer recovered a judgment against A. L. Holcomb for $283,21, which became a lien upon the farm. On the…
1Opinion of the CourtHarris, J.
I think the position taken by the counsel foi the defendant Perry, that the bill is not properly framed for the purpose of litigating his title to the premises in question, is well taken. The bill is an ordinary bill to foreclose a mortgage. It contains the usual allegation that Perry is made a defendant as a subsequent purchaser or incumbrancer, and yet it is sought to divest him, by the decree in this cause, of a title which he claims to hold adversely to the parties to the mortgage, and *23which he acquired under a lien prior to the conveyance by the plaintiff to the mortgagee. It is a…
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