Schneider v. Mahl
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Niagara County. Action by Rachael Schneider against Frederick Mahl and others. From so much of the judgment as adjudged that the lien of plaintiff’s equitable mortgage was inferior to the lien of defendants’ mortgages and to an inchoate right of dower of one of the defendants, plaintiff appeals.
Read the full summary
Appeal from Special Term, Niagara County. Action by Rachael Schneider against Frederick Mahl and others. From so much of the judgment as adjudged that the lien of plaintiff’s equitable mortgage was inferior to the lien of defendants’ mortgages and to an inchoate right of dower of one of the defendants, plaintiff appeals. The action was commenced in September, 1901, for the purpose of having it adjudged that by virtue of an oral agreement made by the plaintiff and the defendant Frederick Mahl in March, 1899, she became equitably entitled to a mortgage upon the premises described in the…
1Opinion of the CourtMcLENNAN, J.
None of the evidence is contained in the record, and therefore the decision of this appeal must be determined solely upon the facts as found by the learned trial court. The facts so found, so far as it is important to note, are; The defendant Frederick Mahl, on or about November 30, 1898, became the owner in fee of the five-acre parcel of land first described in the complaint. O-n the 16th day of March, 1899, he became the owner of the other parcel described therein. At all times since he became such owner “the plaintiff has been and now is in the actual possession of them as a tenant of the…
2Cases cited2 opinions
- Phelan v. . BradyNew York Court of Appeals · 1890
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
3Cited by2 opinions
- Lang v. LangNew York Supreme Court · 1911
- Giesy v. Aurora State BankOregon Supreme Court · 1927