Slattery v. . Schwannecke
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial department, made March 31, 1887, which reversed a judgment in favor of plaintiff entered upon a decision of the Special Term, and granted a new trial. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from an order of the General Term of the Supreme Court in the first judicial department, made March 31, 1887, which reversed a judgment in favor of plaintiff entered upon a decision of the Special Term, and granted a new trial. The nature of the action and the facts are sufficiently stated in the opinion. As the order of reversal does not state that it was made upon the facts, this, court is bound to presume that it was on questions of law, and to reverse it if no error of law is shown. (Code Civ. Pro. § 1338; Lewis v. Bouton, 106 N. Y. 70.) The facts found amply support the judgment.…
1Opinion of the CourtBrown, J.
This action was brought to redeem certain real estate situated in the city of Xew York from a mortgage executed by Clara Decker and Peter P. Decker, her husband, to the defendant Hewlett, to secure the sum of §2,000, and bearing date December 13, 1811, and duly recorded in the register’s office of said city.
The plaintiff became the owner of the property by deed from said Deckers dated July 25,1818, but not recorded until March 15,1881.
Intermediate, the date of plaintiff’s deed and the date of its record, the defendant Hewlett foreclosed his mortgage by action in the Supreme Court, and on the…
2Cases cited5 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Constant v. . University of RochesterNew York Court of Appeals · 1888
- Decker v. . BoiceNew York Court of Appeals · 1880
- Lacustrine Fertilizer Co. v. Lake Guano & Fertilizer Co.New York Court of Appeals · 1880
- Seward v. . HuntingtonNew York Court of Appeals · 1883
3Cited by15 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
- Gardiner v. Equitable Office Bldg. Corp.Court of Appeals for the Second Circuit · 1921
- In Re the Accounting of New York Trust Co.New York Court of Appeals · 1945
- Skiff-Murray v. MurrayAppellate Division of the Supreme Court of the State of New York · 2005
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