Ten Eyck v. . Craig
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of plaintiff entered upon a decision of the court upon trial without a jury.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of plaintiff entered upon a decision of the court upon trial without a jury. (Reported below, 2 Hun, 452; 5 T. & C., 65.) This action was brought to redeem certain real estate known as “ Congress Hall,” in the city of Rochester, from incumbrances held by the defendants as executors of the estate of John Craig, deceased, and for an accounting of the rents and profits. The facts as found by the trial court are substantially as follows: On the.23d of April, 1860, Nelson P.…
1Opinion of the CourtAndrews, J.
Sanger, the grantee of Stewart, had the legal title to the Congress Hall property, December 17,1860, when it was sold on the judgment in favor of the Madison County Bank against Stewart. That judgment was for §2,675.24, and was rendered October 25, 1859, before Stewart conveyed to Sanger, and was a lien upon the property. John Craig, the defendant’s testator, became the purchaser, on the sale, for the sum of five dollars, and received the sheriff’s certificate. The property at the time was incumbered by three mortgages, to the amount of about $19,000, owned by Craig, and by the Dehon…
2Cases cited10 opinions
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Williams v. . TownsendNew York Court of Appeals · 1865
- Windt v. BannizaWashington Supreme Court · 1891
- Nellis v. LathropNew York Supreme Court · 1839
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3Cited by42 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1943
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
- Dabney v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Second Circuit · 1952
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