Coffin v. . Parker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 25, 1888, which modified and affirmed as modified, an interlocutory and a final judgment in favor of plaintiffs herein.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 25, 1888, which modified and affirmed as modified, an interlocutory and a final judgment in favor of plaintiffs herein. The action was brought for the determination of the amount due upon a mortgage of date December 24, 1884, made by Stillman P. Lincoln to Asa W. Parker, upon a certain parcel of land divided into fourteen lots in the city of Brooklyn for $14,000, with a view to redemption of the premises and to require contribution to that end by the several owners…
1Opinion of the CourtBradley, J.
The plaintiffs, as owners of one of the lots, had the right to redeem the premises from the lien of the prior §14,000 mortgage by paying the full amount of that mortgage to the party entitled to it. But such redemption was not the sole purpose of the action. The plaintiffs, by it, sought relief which would require all the owners of the several lots covered by the mortgage to contribute to that end their proportionate shares of the burden. And the result given by the judgment of the Special Term was that the plaintiffs be permitted to redeem the land covered by the mortgage by paying the…
2Cases cited5 opinions
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Lamb v. MontagueMassachusetts Supreme Judicial Court · 1873
- James v. HubbardNew York Court of Chancery · 1828
- Lyon v. RobbinsSupreme Court of Connecticut · 1878
- Smith v. KelleySupreme Judicial Court of Maine · 1847
3Cited by5 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Northwestern Mutual Life Insurance v. HansenSupreme Court of Iowa · 1928
- McCrum v. McCrumAppellate Division of the Supreme Court of the State of New York · 1910
- Hansen v. Cerro Gordo State Bank of Clear LakeSupreme Court of Iowa · 1930
- Hirsch v. Approved Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1962