United States Trust Co. v. . Roche
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 15, 1886, which reversed a judgment entered on a decision of the court on trial at Special Term. This action was brought for the foreclosure of a mortgage.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 15, 1886, which reversed a judgment entered on a decision of the court on trial at Special Term. This action was brought for the foreclosure of a mortgage. On the 10th day of November, 1858, James A. Foster was the owner in fee of an undivided half of five lots, Nos. 40, 42 and 44 Bond street, and Nos. 43 and 47 Great Jones street, in the city of New York. At that date he, Anna S. Stagg and Charles H. Town, in consideration of the then intended marriage of said…
1Opinion of the Court
Follett, Ch. J.
The sole defense interposed as a bar to this action is that the loan and mortgage are prohibited and rendered absolutely void by the following statutory provision.
“ § 65. Where the trust shall be expressed in the instrument creating the estate, every sale, conveyance or other act of the trustees, in contravention of the trust, shall be absolutely void.” (1 R. S. 730.)
This trust was established and the mortgage was executed before section 65 was amended by chapter 275, Laws of 1882; chapter 26 of the Laws of 1884, and chapter 257, of the Laws of 1886. Were the loan and mortgage…
2Cases cited4 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Graff v. . BonnettNew York Court of Appeals · 1865
- Douglas v. . CrugerNew York Court of Appeals · 1880
- Cruger v. JonesNew York Supreme Court · 1854
3Cited by15 opinions
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Higgins v. WashburnCalifornia Court of Appeal · 1909
- Mayall v. MayallSupreme Court of Minnesota · 1896
- State v. UnderwoodWyoming Supreme Court · 1939
- Share v. CoatsSouth Dakota Supreme Court · 1912
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