Losey v. . Stanley
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 December 27,1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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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 December 27,1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage on certain lands in the city of Rochester, consisting of a tract of about sixteen acres, executed by James W. Stanley as trustee on the 23d day of November, 1888, to George R. Losey and others as security for a note of the mortgagor for the sum of $1,000, signed by him as trustee, and as a…
1Opinion of the Court
Andrews, Gh. J.
This appeal presents a question of broader interest than attaches merely to the pecuniary rights of the parties to the litigation. . It involves a consideration of the power of the Supreme Court in dealing with the real property of minors, and the extent of its jurisdiction in directing a sale or mortgage of their property. By the will of Elizabeth J. Stanley a trust was created in the real property of which she died seized, during the life of her son, James W. Stanley, for his benefit, with remainder to his children or their descendants living at his death, and in default of…
2Cases cited9 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Woodward v. . JamesNew York Court of Appeals · 1889
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Rogers v. . RogersNew York Court of Appeals · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- In re the Estate of PulitzerNew York Surrogate's Court · 1931
- Matter of LeeNew York Court of Appeals · 1917
- Hughes v. . CumingNew York Court of Appeals · 1900
55 more not listed; retrieve them via the Exa API.