Kelly v. Jay
New York Supreme Court
Appeal from judgment on report of referee. Action by Nelson E. Kelly and German B. Barnes, as administrators of Judson H. Barnes, deceased, and Leverette Barnes and others, against George E. Jay. There was a judgment in favor of plaintiffs, and defendant appeals. The notice of appeal also states that a certain order of the county judge, dated January 5, 1893, will be brought up for review.
1Opinion of the CourtMerwin, J.
On the 3d day of April, 1876, Judson H. Barnes, then being the owner of a farm of 165 acres situated in the town of Colesville, in the county of Broome, executed and delivered to William M. Merrilffi a mortgage thereon to secure the payment of the sum of $452 m three years from its date, with interest. This mortgage was duly recorded in the Broome county clerk’s office April 5, 1876. On the 31st day of December, 1891, the mortgage and the bond accompanying the same were assigned by Merrills to the defendant, and the assignment was duly recorded on June 4, 1892. On July 23, 1892, Judson H.…
2Cases cited8 opinions
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Smith v. . ReidNew York Court of Appeals · 1892
- Bolton v. . SchrieverNew York Court of Appeals · 1892
- Ferris v. . Van VechtenNew York Court of Appeals · 1878
- Schoener v. . LissauerNew York Court of Appeals · 1887
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