Corning v. . Smith
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the eighth district, where a' decree in favor of the plaintiff, in a foreclosure-suit, had been affirmed.
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Appeal from the general term of the Supreme Court, in the eighth district, where a' decree in favor of the plaintiff, in a foreclosure-suit, had been affirmed. This was a bill of foreclosure, filed in the late court of chancery, by Corning and Horner, the plaintiffs, against John Otto, James Otto and Elijah Smith, to foreclose a mortgage given to the plaintiffs by John Otto, in November 1843, upon certain lands in Wyoming county, to secure the payment of the sum of $3000, with interest, according to the condition of a bond executed by John and James Otto. It was charged in the bill that the…
1Opinion of the CourtFoot, J.
— The respondents, having a mortgage against one Otto, filed an ordinary bill to foreclose it, and made the appellant a party defendant, under the general allegation that he had or claimed some interest in the mortgaged premises, which had accrued subsequently to the lien of the mortgage, and was subject to it. The appellant put in an answer, setting up a title to the mortgaged premises, by virtue of an adverse possession of more than twenty years’ duration, before the giving of the mortgage, and insisting that the lien by the mortgage could not be enforced against him. Issue being joined by…
2Cases cited2 opinions
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- St. Lawrence Co. v. HoltWest Virginia Supreme Court · 1902
- Randle v. BoydSupreme Court of Alabama · 1882
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