Legal Opinion

Beach v. . Cooke

New York Court of Appeals

Decided September 5, 1863PublishedCited by 19 opinions

This action was commenced in August, 1853, against Thomas B. Cooke, in his life time, to procure the cancellation and discharge of a mortgage executed by Ephraim Beach to Francis I. Marvin, in' the year 1836, to secure the payment of fifty-two thousand dollars and interest; which mortgage had been duly recorded, and was afterwards assigned by the mortgagee to said Cooke; the plaintiff alleging that the mortgage had been fully paid, but remained uncanceled of record, and that…

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This action was commenced in August, 1853, against Thomas B. Cooke, in his life time, to procure the cancellation and discharge of a mortgage executed by Ephraim Beach to Francis I. Marvin, in' the year 1836, to secure the payment of fifty-two thousand dollars and interest; which mortgage had been duly recorded, and was afterwards assigned by the mortgagee to said Cooke; the plaintiff alleging that the mortgage had been fully paid, but remained uncanceled of record, and that the lands covered by it had been conveyed to him. The plaintiff, also,, alleged, that there had been large transactions…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN…

2Cases cited4 opinions

  1. M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Stevens v. StevensNew York Supreme Court · 1819
  3. Gillet v. FairchildNew York Supreme Court · 1847
  4. Hudson River Rail Road v. Lounsberry & BettsNew York Supreme Court · 1857

3Cited by19 opinions

  1. Grogan v. Valley Trading Co.Montana Supreme Court · 1904
  2. Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
  3. Casserly v. . WitherbeeNew York Court of Appeals · 1890
  4. Fields v. HelmsSupreme Court of Alabama · 1881
  5. Tetrault v. LabbeMassachusetts Supreme Judicial Court · 1892

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