Davis v. Duffie
The Superior Court of New York City
This action was originally brought by Smith Davis and Brian Eeily, for the purpose of redeeming real property from, a mortgage and decree of foreclosure, which property the complaint alleged belonged to the plaintiff, Smith Davis, aud an interest in which he had conveyed to Eeily. Pending the action, on petition of Oliver Davis, and proof of a conveyance from Eeily to him, Oliver Davis was substituted for Eeily as a co-plaintiff with Smith Davis.
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This action was originally brought by Smith Davis and Brian Eeily, for the purpose of redeeming real property from, a mortgage and decree of foreclosure, which property the complaint alleged belonged to the plaintiff, Smith Davis, aud an interest in which he had conveyed to Eeily. Pending the action, on petition of Oliver Davis, and proof of a conveyance from Eeily to him, Oliver Davis was substituted for Eeily as a co-plaintiff with Smith Davis. The defendants were Cornelius B. Duffie, Jonas Conklin, Gerardus A. O. Van Beuren, John Erhardt, William V. Brady, Philip T. Smith, Alfred A.…
1Opinion of the Court
By the Court—Bosworth, Ch. J,
The opinion in Davis v. Erhardt, that the decree of foreclosure in the chancery suit is void, seems to be based, in part, on the idea that 2 R. S., p. 15, (article second,) prescribes the remedy which Duffie should have pursued, and that such remedy is exclusive, and also partly on the idea that the fact that the civil rights of Davis were suspended at the time the subpoena was served on him, has a bearing upon the question of the validity of the decree. It states that this remedy “ should have been followed in order effectually to have divested the plaintiff of…
2Cases cited4 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Malcom v. RogersNew York Supreme Court · 1825
- State ex rel. Attorney General v. McCartyIndiana Superior Court · 1872
- Phelps v. PhelpsNew York Court of Chancery · 1838
3Cited by10 opinions
- Green v. State of New YorkNew York Court of Appeals · 1938
- Bowles v. . HabermannNew York Court of Appeals · 1884
- In re Estate NeracCalifornia Supreme Court · 1868
- Green v. StateAppellate Division of the Supreme Court of the State of New York · 1937
- White v. . UnderwoodSupreme Court of North Carolina · 1899
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