Yates County National Bank v. Blake
New York Supreme Court
Appeal from an order of the Monroe Special Term, denying a -motion to change the place of trial from the county of Yates to the ■county of 'Livingston, under section 982 of the Code of Civil Procedure.
1Opinion of the Court
Haight, J.:
The plaintiff is the owner of a mortgage upon real estate in the county of Livingston. The defendant is the owner of a first mortgage upon .the same lands. .The action was brought to compel the ■defendant to assign to the plaintiff his mortgage, upon the Dayment -to him of the amount, secured thereby
The question is whether'of not this action is within the provisions ■of the section named. The section provides that “each of the following actions must be tried in the county, m, which the subject ■of the action, or some part thereof, is situated: An action of ejectment ; for the…
2Cases cited3 opinions
- Acker v. . LelandNew York Court of Appeals · 1884
- Leland v. HathornNew York Court of Appeals · 1870
- Ithaca Fire Department v. . BeecherNew York Court of Appeals · 1885