McGregor v. . McGregor
New York Court of Appeals
This was a proceeding, by supplemental complaint, to revive or continue an action originally brought in the name of James McGregor, now deceased. The supplemental complaint showed that, on the 14th of September, 1852, James Mc-Gregor, deceased, commenced an action to foreclose a mortgage executed to him by the defendant, Duncan McGregor. The other defendants were junior incumbrancers. Duncan McGregor answered, denying the equity. Hone of the other defendants answered.
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This was a proceeding, by supplemental complaint, to revive or continue an action originally brought in the name of James McGregor, now deceased. The supplemental complaint showed that, on the 14th of September, 1852, James Mc-Gregor, deceased, commenced an action to foreclose a mortgage executed to him by the defendant, Duncan McGregor. The other defendants were junior incumbrancers. Duncan McGregor answered, denying the equity. Hone of the other defendants answered. The summons was personally served on all the defendants in the life of James. On the 9 th of February, 1853, James died,…
1Opinion of the Court
In September, 1852, James McGregor commenced an action against Duncan McGregor and others for the foreclosure of a mortgage, executed to him by Duncan, upon which mortgage there was alleged to be due and unpaid the sum of $4,000, and interest on that sum from the 1st of May, 1847. The defendants, other than the mortgagor, were made parties, as junior incumbrancers. Duncan McGregor, the debtor and mortgagor, answered in the action, denying the equity of the complaint therein; and the other defendants (though personally served with the summons) neither answered, demurred, nor appeared. On the…
2Cases cited1 opinion
- Wurts v. JenkinsNew York Supreme Court · 1851
3Cited by13 opinions
- Brown v. ForeTexas Commission of Appeals · 1929
- Monmouth Inv. Co. v. MeansCourt of Appeals for the Eighth Circuit · 1906
- Wallach v. DryfoosAppellate Division of the Supreme Court of the State of New York · 1910
- Price v. BrownNew York Supreme Court · 1881
- In re the Estate of HeubachNew York Surrogate's Court · 1937
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