Moore v. Le Maire
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Catherine Hanley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of February, 1915, upon the decision of the court after a trial at the Kings County Special Term.
1Opinion of the Court
Jenks, P. J.:
The action is brought to clear a complication and to foreclose a mortgage of $2,500 on real estate. Of the defendants, Hanley alone answered. She is the owner of the mortgaged premises, which she bought from Le Maire, who was the mortgagor. When Hanley bought, she was aware" that there was a mortgage upon the premises for $2,500, and she intended to take the premises subject to such a mortgage. The conveyance to her recited that the premises were “sold subject to a certain mortgage for the sum of Two thousand five hundred dollars, now a lien thereon,” and the court found that…
2Cases cited3 opinions
- Butler v. VieleNew York Supreme Court · 1861
- Bartow v. ClevelandNew York Supreme Court · 1858
- Lewis v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Cornwell v. Safeco Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1973
- Ebling Brewing Co. v. GennaroAppellate Division of the Supreme Court of the State of New York · 1919