Shneider v. Mahl
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rachel Shneider, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Niagara on the 6th day of January, 1903,- upon the decision of the. court,.rendered after a trial ■at the Niagara Special Term, as adjudges that the lien of a. certain equitable mortgage of the plaintiff is inferior to the lien of three mortgages given to certain of the. defendants by the defendant Frederick…
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Appeal by the plaintiff, Rachel Shneider, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Niagara on the 6th day of January, 1903,- upon the decision of the. court,.rendered after a trial ■at the Niagara Special Term, as adjudges that the lien of a. certain equitable mortgage of the plaintiff is inferior to the lien of three mortgages given to certain of the. defendants by the defendant Frederick Mahl, and inferior to an inchoate right of dower of the defendant Eliza Mahl. The action was commenced in September,…
1Opinion of the Court
McLennan, 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. On 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…
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 by4 opinions
- Pratt v. PrenticeAppellate Division of the Supreme Court of the State of New York · 1914
- Vogel & Binder Co. v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1909
- Lang v. LangNew York Supreme Court · 1911
- Giesy v. Aurora State BankOregon Supreme Court · 1927