Ward v. Dewey
New York Supreme Court
Motion founded upon the complaint alone to dissolve a temporary injunction. The injunction was granted by Justice Watson, on the 8th of the same month to restrain the defendant from selling a farm upon an advertisement of sale under a judgment in an action brought for the foreclosure of a mortgage which was executed by the mother and brother of the plaintiffs, in the spring of 1850, to secure the payment of $2600, and the interest.
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Motion founded upon the complaint alone to dissolve a temporary injunction. The injunction was granted by Justice Watson, on the 8th of the same month to restrain the defendant from selling a farm upon an advertisement of sale under a judgment in an action brought for the foreclosure of a mortgage which was executed by the mother and brother of the plaintiffs, in the spring of 1850, to secure the payment of $2600, and the interest. Neither of the plaintiffs executed the mortgage, nor were they.made parties to the foreclosure suit. It was alleged in the complaint that the plaintiffs, as…
1Opinion of the Court
Crippen, Justice.
The injunction was granted upon the complaint in this action, duly verified by the oath of Cornelius S. Ward, one of the plaintiffs. The plaintiffs allege in their complaint that Samuel Ward died on the 11th day of March 1837, seized in fee of a farm of land containing about one hundred and eighty and a half acres, leaving Eleanor Ward, his widow, and the plaintiffs, together with Chapman S. Ward and Polly Ward, his only children and heirs at law; that; said Samuel Ward duly devised all of his real estate to his four children equally.
In the spring of 1850 the said Eleanor…
2Cases cited2 opinions
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Strong v. DollnerThe Superior Court of New York City · 1849
3Cited by1 opinion
- Forman v. HealeyNorth Dakota Supreme Court · 1903