Legal Opinion

Morehouse v. Morehouse

New York Supreme Court

Decided June 15, 1886PublishedCited by 3 opinions

This action was brought by Nelson D. Morehouse, respondent, against Joel B. Morehouse, by Charles E. Tourtellot, committee of his person and estate, appellant, impleaded with Talcott B. Morehouse, to foreclose a mortgage on real property.

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This action was brought by Nelson D. Morehouse, respondent, against Joel B. Morehouse, by Charles E. Tourtellot, committee of his person and estate, appellant, impleaded with Talcott B. Morehouse, to foreclose a mortgage on real property. Facts. 1. John Morehouse made and published his last will and testament, wherein and whereby he devised to the defendants, Joel B. Morehouse and Talcott B. Morehouse, his sons, his homestead farm in the town of Greenfield, described in schedule “A” annexed to the complaint, to be held by them share and share alike. 2. That the said last will and testament…

1Opinion of the CourtLandon, J.

—The finding that Joel B. Morehouse has never paid anything upon or by reason of the bid upon the foreclosure sale, is in accord with the evidence of Joel himself. The elaborate argument of the appellant in opposition to this finding, rests upon the fiction of a constructive payment for Joel by means of the payment of Talcott, when it is quite clear that it was the purpose of all parties that Talcott’s payment should be for himself and for the release of his-half of the farm, and not at all for the benefit of Joel or for the release of his half. If, by means of any mistake in figures, Talcott…

2Cases cited19 opinions

  1. Sylvester v. StateSupreme Court of Alabama · 1881
  2. State v. . KingSupreme Court of North Carolina · 1882
  3. The People v. . ColeNew York Court of Appeals · 1871
  4. Horton v. StateSupreme Court of Alabama · 1875
  5. People v. SlighMichigan Supreme Court · 1882

14 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re BudlongNew York Supreme Court · 1889
  2. Collins v. McGuireAppellate Division of the Supreme Court of the State of New York · 1902
  3. Collins v. McGuireAppellate Division of the Supreme Court of the State of New York · 1902

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