Cary v. . White

The principal questions involved in this litigation were disposed of on the former appeal. (52 N.Y., 138.) The plaintiff sought to foreclose a mortgage executed to him by one John White, who was dead at the time of the trial. The defendant Jane White claimed under an unrecorded title consisting, as claimed, of a conveyance from the said John White to one John P. White, and one from said John P. White to Jane White, each of which was executed and delivered anterior to the mortgage by John White to the plaintiff. To this suit the administrator and administratrix of John White were made…