Berndt v. Berndt
New York Supreme Court
Action by Emil Berndt against Wilhelmina Berndt and others to foreclose a mortgage. Motion for confirmation of report for computation granted, and judgment of foreclosure directed.
1Opinion of the CourtSpring, J.
The plaintiff is the owner of an undivided one-eighth of the mortgaged premises, subject to an unadmeasured dower interest covering the whole thereof. He, in common with his co-owners, acquired title thereto by descent, and the dower interest became a charge upon the land at the same time his undivided interest became vested. The whole premises were incumbered by the two mortgages in suit prior to the vesting of the title in the plaintiff, and after his ownership in fee he became the owner of the mortgages by assignment. The contesting defendants, who are lienors subsequent to the lien of the…
2Cases cited7 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Smith v. . RobertsNew York Court of Appeals · 1883
- Factors' & Traders' Insurance v. MurphySupreme Court of the United States · 1884
- Millspaugh v. McBrideNew York Court of Chancery · 1839
2 more not listed; retrieve them via the Exa API.