Walrath v. Abbott
New York Supreme Court
Appeal from judgment on report of referee. Action by Walter Walrath and others against William H. Abbott to establish and foreclose a vendor’s lien on land. From a judgment dismissing the complaint with costs, plaintiffs appeal. Reversed.
1Opinion of the CourtMartin, J.
The purpose of this action was to establish and foreclose a vendor’s lien upon certain real estate for a portion of the purchase price. The questions which are sought to be reviewed upon this appeal arise upon the judgment roll, which includes the summons, pleadings, the plaintiffs’ requests to find, findings of the referee, and judgment. Thus, the question to be determined is whether the referee’s conclusions of law are sustained by the facts found by him.
A brief statement of the facts seems necessary to a clear understanding of the questions involved. On May 3, 1888, Elizabeth R. Walrath, a…
2Cases cited25 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Payne v. . WilsonNew York Court of Appeals · 1878
- Chase v. . PeckNew York Court of Appeals · 1860
- Matter of Application of OtisNew York Court of Appeals · 1886
- Seymour v. . McKinstryNew York Court of Appeals · 1887
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3Cited by6 opinions
- Hubbell v. . HenricksonNew York Court of Appeals · 1903
- In re the Final Judicial Settlement of the Accounts of McMillanAppellate Division of the Supreme Court of the State of New York · 1908
- Snedeker v. EllisNew York Supreme Court · 1930
- Corbin v. DwyerNew York Supreme Court · 1900
- Wright v. HaydenNew York Supreme Court · 1900
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