Older v. Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant John Russell from an order of the Supreme Court, made at the Wyoming Special Term, directing judgment in favor of the plaintiff, upon the answer of the defendant John Russell adjudged to be frivolous, and also appointing a referee to compute the amount due upon the bond and mortgage in suit.
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Appeal by the defendant John Russell from an order of the Supreme Court, made at the Wyoming Special Term, directing judgment in favor of the plaintiff, upon the answer of the defendant John Russell adjudged to be frivolous, and also appointing a referee to compute the amount due upon the bond and mortgage in suit. This action was brought to foreclose a mortgage executed the 30th day of December, 1885, by the defendant John B. Russell to the plaintiff; and the defendant John Russell was made a party upon the allegation in the complaint that he had, or claimed to have, some interest in the…
1Opinion of the Court
Green, J.:
It appears from the allegations in the answer, which for the purposes of this motion must be taken as true, that the answering defendant had an equitable lien upon the premises described in the complaint, which is prior to the lien of the mortgage sought to be foreclosed. This the plaintiff knew when she brought the foreclosure action; she, however, alleges in the complaint that the lien or interest of the defendant is subsequent and inferior to the lien of her mortgage.
She has invited this defendant into court and has alleged that any lien, claim or interest which he has is…
2Cases cited6 opinions
- Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Goebel v. . IfflaNew York Court of Appeals · 1888
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Jacobie v. . MickleNew York Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Washington Trust Co. v. Morse Iron Works & Dry Dock Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Newton v. KruseAppellate Division of the Supreme Court of the State of New York · 1914
- Gano v. PotterNew York Supreme Court · 1918