Hill v. . Hoole
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made October 5, 1886, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose two mortgages upon land of which defendant, Grace Hoole, had the legal title; and she alone defended.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made October 5, 1886, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose two mortgages upon land of which defendant, Grace Hoole, had the legal title; and she alone defended. One of the mortgages was made by James Cook, in April, 1857, to secure the payment of $3,000. To the cause of action upon this, the defendant pleaded payment and the statute of limitations. The other one…
1Opinion of the CourtBradley, J.
The alleged cause of action upon the Cook mortgage, appeared to have been barred by the statute of limitations, and requires no consideration. The main controversy on the trial had relation to the validity of the other bond and mortgage for $4,500, executed by the defendant to her son, William E. Hoole, in August, 1877, and by him assigned to the plaintiff in November, and again assigned to him in December of the same year. The trial court found that the defendant received no consideration for the bond and mortgage other than one dollar, and, as conclusion of law, that she received no…
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