Spring v. . Short
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Monday of June, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by the defendant, George M. Spring, to the plaintiff, who is the father of the mortgagor. The appellants are judgment creditors of the mortgagor.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Monday of June, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by the defendant, George M. Spring, to the plaintiff, who is the father of the mortgagor. The appellants are judgment creditors of the mortgagor. The defense set up by them is, that the mortgage was executed without consideration, with intent to defraud creditors. The…
1Opinion of the CourtMiller, J.
Upon the trial the court found that the consideration of the bond and mortgage, which are the subject of this action, was the purchase-price of the mortgaged premises which were conveyed by the plaintiff to his son George M. Spring, by deed dated April 11, 1872, and that the same were made and executed in pursuance of an agreement made at the date of said deed that the same should be executed and delivered to secure the purchase-price of said real estate, and held that the mortgage was a valid .lien upon the premises against the mortgagor and the 'appellants in this action. There was evidence…
2Cases cited3 opinions
- Geery v. . GeeryNew York Court of Appeals · 1875
- Fisk v. PotterNew York Court of Appeals · 1865
- Hulett v. WhippleNew York Supreme Court · 1870
3Cited by26 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Crouse v. . FrothinghamNew York Court of Appeals · 1884
- Lichtenberg v. . HerdtfelderNew York Court of Appeals · 1886
- People, Ex Rel. Short v. . BaconNew York Court of Appeals · 1885
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