O'Conor v. Philipsen
New York Supreme Court
Appeal from special term, Westchester county. Action by Christopher O’Conor against Oscar Edgar Philipsen and Emma Philipsen, his wife, and Susan Clist, to foreclose a purchase-money mortgage. Judgment for Defendants appeal.
1Opinion of the CourtBarnard, P. J.
Patrick 'McCarty gave a deed of land to the defendant Philipsen. The description in the deed consisted of two pieces of land,—one of 25, and one of 14, acres. The consideration for the deed was $2,250. There was a mortgage of $800 on the property, and judgments against the grantor, which were liens on the land. Philipsen took subject to the mortgage, and also subject to the judgments, and gave the mortgage in question for $680. The sale was made for McCarty through one Sweeny, a real-estate broker. In April, 1891, McCarty agreed with Philip-sen to take two promissory notes for $100 each and…
2Cases cited9 opinions
- Kromer v. . HeimNew York Court of Appeals · 1879
- Paine v. . UptonNew York Court of Appeals · 1882
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Schumaker v. . MatherNew York Court of Appeals · 1892
- Wilson v. . RandallNew York Court of Appeals · 1876
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