Legal Opinion

State Bank v. Lighthall

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 1 opinion

Appeal by the defendants, John A. Lighthall, individually and as trustee, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 17th day of January, 1899, upon the report of a referee.

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Appeal by the defendants, John A. Lighthall, individually and as trustee, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 17th day of January, 1899, upon the report of a referee. Plaintiff brings this action to foreclose a mortgage bearing date the 26th day of February, 1896, recorded in the Onondaga county clerk’s office on the 18th day of December, 1896 in book 326 of Mortgages at page 285. An answer was served by John A. Lighthall, William S. Light-hall, Frederick S. Lighthall and Zayde E.…

1Opinion of the Court

Hardin, P. J.:

Plaintiff’s complaint alleges that it received the mortgage mentioned in the complaint. The mortgage bears date the 26th day of February, 1896. It was acknowledged by Frederick S. Lighthall and Zayde E. Lighthall on the 28th day of February, 1896, in the State of New Jersey, and on the 2d day of March, 1896, it was acknowledged by John A. Lighthall and William S. Lighthall before a commissioner of deeds in the city of Syracuse.

The following words are found in the first part of the mortgage, to wit:

“ This indenture, made this twenty-sixth day of February, in the year of our Lord…

2Cases cited5 opinions

  1. Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
  2. French v. . CarhartNew York Court of Appeals · 1847
  3. Emmett v. . PenoyerNew York Court of Appeals · 1897
  4. Field v. . MunsonNew York Court of Appeals · 1872
  5. Farr v. . NicholsNew York Court of Appeals · 1892

3Cited by1 opinion

  1. In re SignorDistrict Court, N.D. New York · 1913

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