Hazeltine v. Moore
New York Supreme Court
Appeal' from a judgment in favor of the defendants, entered upon the report of a referee. The plaintiff; was seized of a certain piece of land, described in the complaint, which he, on September 9, 1861, in pursuance of an agreement made with the defendant, Moses M. Moore, and at his request, conveyed to the defendant Thankful E. Moore, the wife of the defendant Moses, receiving in part payment thereof another piece of land called the Barnes lot.
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Appeal' from a judgment in favor of the defendants, entered upon the report of a referee. The plaintiff; was seized of a certain piece of land, described in the complaint, which he, on September 9, 1861, in pursuance of an agreement made with the defendant, Moses M. Moore, and at his request, conveyed to the defendant Thankful E. Moore, the wife of the defendant Moses, receiving in part payment thereof another piece of land called the Barnes lot. There were then two mortgages on the land of which the plaintiff was seized, and he sold and exchanged the same subject to them. Over and above the…
1Opinion of the Court
Taloott, P. J. :
The action was brought to foreclose a lien, for a part of the pur*356'cliase-money unpaid to the plaintiff upon the conveyance of the premises to Thankful E. Moore, the wife of the defendant Moses M. Moore, and the only question raised is between the plaintiff and Josephus H. Clark, the holder of three mortgages upon the premises conveyed, two of them executed prior to the conveyance, and one subsequently. The referee has reported, by which report he authorizes the foreclosure of the lien, amounting to $115.29, with interest from September 6, 1869, but postpones the same to all…
2Cases cited2 opinions
- Fisk v. PotterNew York Court of Appeals · 1865
- Fisk v. PotterNew York Court of Appeals · 1865