Squire v. Greene
Appellate Division of the Supreme Court of the State of New York
Appeal by Pauline W. Squire, the plaintiff in the- first above-entitled action, from a judgment of the Supreme Court in favor of the defendants, Ella Y. Greene and Maria S. Dunkin, entered" in the office, of the clerk of the county of Kings on the 16th day of November, 1898, upon the decision of the court, rendered after a trial at the Kings County Special Term, ad judging tha,t the mortgage held by the said defendants is a first lien upon the moneys derived from the sale of…
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Appeal by Pauline W. Squire, the plaintiff in the- first above-entitled action, from a judgment of the Supreme Court in favor of the defendants, Ella Y. Greene and Maria S. Dunkin, entered" in the office, of the clerk of the county of Kings on the 16th day of November, 1898, upon the decision of the court, rendered after a trial at the Kings County Special Term, ad judging tha,t the mortgage held by the said defendants is a first lien upon the moneys derived from the sale of the property described in the complaint in the action. Also an appeal by Artlissa Y, Gearon, the plaintiff in the…
1Opinion of the Court
Cullen, J. :
For a detail of the facts of this case reference must be had to a report of the case on a previous appéal (32 App. Div. 258). The narrative is too long.to justify incumbering the reports by a repetition. On the former appeal we held that the mortgage of the respondents was paramount in lien to those of the plaintiffs, and granted a new trial. On the second trial the learned judge at Special Term has followed our opinion and given judgment in favor of the respondents. The evidence in the present record is substantially the same as in the prior one, but on this appeal the appellants…
2Cases cited3 opinions
- Miller v. . MontgomeryNew York Court of Appeals · 1879
- Squire v. GreeneAppellate Division of the Supreme Court of the State of New York · 1898
- Lyon v. WhittakerNew York Supreme Court · 1894
3Cited by6 opinions
- Pringle v. . BurroughsNew York Court of Appeals · 1906
- Abbott v. . DoughanNew York Court of Appeals · 1912
- Pringle v. BurroughsAppellate Division of the Supreme Court of the State of New York · 1905
- Squire v. GreeneAppellate Division of the Supreme Court of the State of New York · 1900
- Franklin v. KiddNew York Supreme Court · 1914
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