Ouvrier v. Mahon
Appellate Division of the Supreme Court of the State of New York
Appeal by Gittle Kurtz from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of December, 1906.
1Opinion of the Court
Miller, J.:
This is an appeal from an order denying the motion of the petitioner to be relieved of her purchase on a partition sale. The petitioner objected to the title because of five mortgages appearing unsatisfied of record." Said mortgages were all due more than twenty years before the date of sale and there is no proof of any payment of principal or interest within said period. It appears undisputed that the.mortgagor and his successors were continuously in possession of the premises, and affidavits were submitted in opposition to the motion tending to show that the mortgages were not…
2Cases cited5 opinions
- Belmont v. . O'BrienNew York Court of Appeals · 1855
- Katz v. . KaiserNew York Court of Appeals · 1897
- Dunham v. MinardNew York Court of Chancery · 1834
- Katz v. KaiserAppellate Division of the Supreme Court of the State of New York · 1896
- Knapp v. CraneAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Mutual Life Insurance v. United States Hotel Co.New York Supreme Court · 1913
- Greenfield v. MillsAppellate Division of the Supreme Court of the State of New York · 1907
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
- Van Ness v. RansomNew York Supreme Court · 1913
- Williamsburgh Trust Co. v. GottschNew York Supreme Court · 1909
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