Legal Opinion

Pickersgill v. Read

New York Supreme Court

Decided May 15, 1876Published

Motion to modify order of General Term denied at Special Term, aiid renewed at General Term on leave granted. This action was brought to foreclose a mortgage in the sum of §40,000, dated June 1st, 1860, and executed by John Alfred Pickersgill to John Pickersgill, as committee of Charles F. Pickersgill, a lunatic. John Pickersgill is the father of John Alfred Pickersgill and of Charles F. Pickersgill.

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Motion to modify order of General Term denied at Special Term, aiid renewed at General Term on leave granted. This action was brought to foreclose a mortgage in the sum of §40,000, dated June 1st, 1860, and executed by John Alfred Pickersgill to John Pickersgill, as committee of Charles F. Pickersgill, a lunatic. John Pickersgill is the father of John Alfred Pickersgill and of Charles F. Pickersgill. John Alfred was the owner in fee of the mortgaged premises, and executed a power of attorney to his father to sell the property. By virtue of this power, the father conveyed the premises to…

1Opinion of the Court

Barnard, J.:

The plaintiff in this action sought to foreclose a mortgage given to him as committee, by his so.i J >1 n A. Piekersgill. In his complaint he made the New York hospital a party, averring the hospital had a claim subsequent to the mortgage. The mortgage covered certain lands owned by the defendant Read, which he claimed had been released from the operations of the same. The hospital by its answer claimed an assignment of so much of the proceeds of the sale, as would be sufficient to pay its claim against the plaintiff’ as committee. No copy of the answer of the' hospital was served…

2Cases cited1 opinion

  1. Poor v. . GuilfordNew York Court of Appeals · 1851

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