Manktelow v. Nevlezer
New York Supreme Court
1Opinion of the CourtGilbert, J.
This action, equitable in nature, and in which the facts are little in dispute, presents a novel situation. The action is brought pursuant to the provisions of subdivision 4 of section 500 of the Real Property Law to procure the cancellation and discharge of record of a certain mortgage on real property. The evidence on the trial, largely documentary, discloses the following facts:
John Nevlezer, a resident of the town of Ontario, Wayne County, died on or about September 5, 1924, leaving his last will and testament, by the terms of which his widow, Ella *538Nevlezer, was given the use of the…
2Cases cited5 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Bailey v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1915
- Husted v. . ThomsonNew York Court of Appeals · 1899
- Deering v. PierceAppellate Division of the Supreme Court of the State of New York · 1912
- Husted v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- In re the Accounting of NochomovNew York Surrogate's Court · 1954