Legal Opinion

Campbell v. . Consalus

New York Court of Appeals

Decided December 5, 1862PublishedCited by 48 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] When this case was here before (16 N.Y., 575), it appeared that the defendant, Hall, held a second mortgage upon the premises covered by the mortgage which this action is brought to foreclose; and it was held, that his mortgage having been given prior to the actions of Consalus against Linn, to which he was not a party, he was not estopped from contesting the amount due on the prior mortgage by the proceedings in such actions.

But it appeared on the second trial,…

2Cases cited5 opinions

  1. Campbell v. . HallNew York Court of Appeals · 1858
  2. Beekman v. FrostNew York Supreme Court · 1820
  3. Lawrence v. HuntNew York Supreme Court · 1833
  4. Burdick v. Post & HunttingNew York Supreme Court · 1851
  5. Manny v. HarrisNew York Supreme Court · 1806

3Cited by48 opinions

  1. Norton v. LarneySupreme Court of the United States · 1925
  2. Pray v. . HegemanNew York Court of Appeals · 1885
  3. Willis v. WillisWyoming Supreme Court · 1935
  4. Irving Nat. Bank v. LawCourt of Appeals for the Second Circuit · 1926
  5. Stannard v. . HubbellNew York Court of Appeals · 1890

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