Stokes v. Houghton
Appellate Division of the Supreme Court of the State of New York
Appeal by’the plaintiff, William E. D. Stokes, from a final judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of December, 1896, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendant’s demurrer to the complaint, and also from an order entered in said clerk’s office on the 14th day of December, 1896, directing the entry of said judgment.
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Appeal by’the plaintiff, William E. D. Stokes, from a final judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of December, 1896, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendant’s demurrer to the complaint, and also from an order entered in said clerk’s office on the 14th day of December, 1896, directing the entry of said judgment. The action was brought to obtain the surrender of a certain mortgage executed by the plaintiff upon real estate in the…
1Opinion of the Court
Barrett, J.:
It seems to be settled by the cases that an action in equity will lie to 'cancel as a cloud on title a mortgage which was not in its inception, or which has since ceased to be, a valid lien upon the property covered by it. Such an action was entertained in Levy v. Merrill (14 Hun, 145), where the mortgage had been paid. It appeared there that the plaintiffs had conveyed the property and that the purchaser had reserved enough of the purchase money to answer the mortgagee’s claim; but the decision does not seem to have been based upon these special facts. Miner v. Beekman (50 N. Y.…
2Cases cited11 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Smith v. . ReidNew York Court of Appeals · 1892
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Swarthout v. . RanierNew York Court of Appeals · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Greenberg v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1948
- Carver v. First National Bank of CrockettCourt of Appeals of Texas · 1898
- Charlton v. SheilNew York Supreme Court · 1916
- Elkhorn Valley Coal-Land Co. v. Empire Coal & Coke Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Rumble v. SmithNew York Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.