Campbell v. . Hall
New York Court of Appeals
Appeal from the Supreme Court. The action was to foreclose a mortgage executed in 1833 by the defendant Consalus and wife to Elisha Jenne, which by sundry mesne assignments came to the hands and was the property, in 1853, of Archibald Linn, by whom it was afterwards assigned to the plaintiff in this action. While Linn was the owner and holder of the mortgage he had extensive business and moneyed transactions with Consalus.
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Appeal from the Supreme Court. The action was to foreclose a mortgage executed in 1833 by the defendant Consalus and wife to Elisha Jenne, which by sundry mesne assignments came to the hands and was the property, in 1853, of Archibald Linn, by whom it was afterwards assigned to the plaintiff in this action. While Linn was the owner and holder of the mortgage he had extensive business and moneyed transactions with Consalus. While Linn was thus the holder Consalus commenced three actions against him, one of which was to obtain satisfaction of this mortgage on the ground that it had been paid.…
1Opinion of the CourtSelden, J.
The only point which it is necessary to consider in this case is whether the defendant George W. Hall, who holds a second mortgage upon the premises covered by the mortgage which this action is brought to foreclose, is precluded by the proceedings in the suits of Consalus, the mortgagor, against Archibald L. Linn, from contesting the amount due upon the prior mortgage.
In the view I have taken of this question it is immaterial whether the effect of the stipulation between the attorneys m the suits of Consalus v. Linn operated as a discontinuance of those suits, and a submission of the…
2Cited by52 opinions
- Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
- Louisville Trust Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
- Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
- Campbell v. . ConsalusNew York Court of Appeals · 1862
- Union Dime Savings Institution v. WilmotNew York Court of Appeals · 1883
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