Townsend v. . Rackham
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The allegations of the complaint embody the admission that Esther C. Lutts and Maria Leach did know of the execution and delivery of the several mortgages. The several discharges were found by the trial judge executed and delivered…
1Opinion of the CourtPeckham, J.
The plaintiffs brought this action to foreclose seven mortgages executed by some of the defendants at different times upon the same premises. The defense of payment was set up and has thus far prevailed. By the will of one Mathias Brown, which was duly proved September 22,1857, Catharine Farnham became the owner of a farm of 150 acres of land. She was then 73 years of age. On the 26th of the same month she conveyed the same farm to Almeron C. Wilson and Valentine A. Wilson, two of her grandchildren, and took back from them a mortgage on the same premises. The condition stated in this mortgage…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Martin v. . FunkNew York Court of Appeals · 1878
- McPherson v. . RollinsNew York Court of Appeals · 1887
- Gifford v. . CorriganNew York Court of Appeals · 1889
- Gifford v. . CorriganNew York Court of Appeals · 1887
3Cited by36 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- McCarthy v. PieretNew York Court of Appeals · 1939
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- In re the Estate of DeyoNew York Surrogate's Court · 1943
- Clark v. . HowardNew York Court of Appeals · 1896
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