Lathrop v. Heacock
New York Supreme Court
This was an appeal by the plaintiff from a judgment,, dismissing her complaint, entered, upon a decision of the court, at the Erie county Special Term, in July, 1870. The plaintiff brought her suit to redeem certain premises from a sale under judgment of foreclosure and sale.
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This was an appeal by the plaintiff from a judgment,, dismissing her complaint, entered, upon a decision of the court, at the Erie county Special Term, in July, 1870. The plaintiff brought her suit to redeem certain premises from a sale under judgment of foreclosure and sale. It appeared that the plaintiff intermarried in July, 1847, with Solon H. Lathrop, who died in October, 1867, and that they had, during his lifetime, and in July, 1854, executed a mortgage upon the premises, which were then OAvned in fee by Lathrop, for the sum of $5,000, and that aftenvard, Aipon default in the…
1Opinion of the Court
By the Court
Johnson, J.
The action is brought to enforce the right claimed by the plaintiff to redeem the premises in question from the sale under the mortgage foreclosure. The plaintiff is the widow of Solon IT. Lathrop, deceased, "and joined with her husband in the mortgage. The mortgage was foreclosed, and sale of premises decreed, in May, 1857. The action was against the husband and wife, but the summons was served on the husband only, who put in an appearance by attorney for himself and wife, without her knowledge or consent. The premises were sold at public sale, under the decree, and…
2Cases cited2 opinions
- Leavitt v. CrugerNew York Court of Chancery · 1829
- Eckerson v. VollmerNew York Supreme Court · 1855
3Cited by2 opinions
- Janinski v. HeidelbergNew York Supreme Court · 1880
- White v. CoulterNew York Supreme Court · 1874