Bucklin v. Bucklin
New York Court of Appeals
Olive E. Bucklin. brought this action in the supreme court against William and George R. Bucklin, to foreclose a mortgage made by their ancestor William Bucklin, Sr. William Bucklin, Sr., and his wife Esther, previous to his executing this mortgage, had separated, and she had filed a bill in chancery for a judicial separation (a mensa et thoro) on the ground of his cruel treatment of her.
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Olive E. Bucklin. brought this action in the supreme court against William and George R. Bucklin, to foreclose a mortgage made by their ancestor William Bucklin, Sr. William Bucklin, Sr., and his wife Esther, previous to his executing this mortgage, had separated, and she had filed a bill in chancery for a judicial separation (a mensa et thoro) on the ground of his cruel treatment of her. In the bill she prayed that he might be compelled to maintain her, and that the custody of their infant daughter Olive E. might be awarded to her. Upon the bill she obtained an injunction restraining him…
1Opinion of the Court
By the Court.
Denio, Ch. J.
The mortgage, so far as it is now sought to be enforced, wag created, among other objects, to secure to the plaintiff, then an infant of tender age, a portion of her father’s property, to aid in her maintenance during her infancy, and to furnish her with a small independent estate in real property. The differences which had arisen between her parents presented the occasion for this gift; but its validity did not depend upon the merits of that controversy, nor yet upon the legal effect of the agreement for a separation between her father and mother, nor upon the…
2Cases cited3 opinions
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Mickles v. . Dillaye and OthersNew York Court of Appeals · 1858
- Duvoll v. WilsonNew York Supreme Court · 1850
3Cited by4 opinions
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Loch v. MayerNew York Supreme Court · 1906
- Betts v. BettsAppellate Division of the Supreme Court of the State of New York · 1896
- Nathan v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1928