Van Alstyne v. Smith
New York Supreme Court
Appeal from special term, Columbia county. Action by Martin C. Van Alstyne against Christopher Smith, personally and as administrator of William H. Smith, deceased, and others, to foreclose a mortgage. There was a judgment in favor of plaintiff, and defendant Smith appeals.
1Opinion of the CourtPutnam, J.
The action was brought for the foreclosure of a mortgage dated January 24, 1871, made by Anne E. Moore to plaintiff to secure the payment of the sum of $4,650, with interest. After the execution of the mortgage, Anne E. Moore conveyed the mortgaged premises to Christopher Smith and William H. Smith, brothers, the amount of the mortgage being deducted from the purchase price agreed to be paid said grantor, and said deed containing the. following clause immediately after the warranty therein:
“Except a certain indenture of mortgage given to secure the payment of $4,650, which mortgage the said…
2Cases cited8 opinions
- Kilmer v. . SmithNew York Court of Appeals · 1879
- Hebbard v. . HaughianNew York Court of Appeals · 1877
- Root v. . WrightNew York Court of Appeals · 1881
- Greer v. GreerNew York Supreme Court · 1890
- Deyermand v. . ChamberlinNew York Court of Appeals · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Judicial Settlement of the Account of Proceedings of ArnoltNew York Surrogate's Court · 1926