Bouton v. Welch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, DeWitt 0. Bouton, as executor, etc., of Gershom Hanford, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Tompkins on the 4th day of August, 1900, upon the report of a referee. The action was brought for the foreclosure of a mortgage.
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Appeal by the plaintiff, DeWitt 0. Bouton, as executor, etc., of Gershom Hanford, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Tompkins on the 4th day of August, 1900, upon the report of a referee. The action was brought for the foreclosure of a mortgage. The contention.of the respondent, Alice Welch, who was the adopted daughter of the plaintiff’s testator, was that the latter, desiring to make some provision for her, induced her husband to exchange a farm owned by him for a farm owned by the testator; that the…
1Opinion of the Court
Parker, P. J.:
That the contract under which this mortgage was given was such as it is claimed to have been by the defendants, and that the defendant Alice Welch thereby acquired the right to have it assigned to her, upon the death of the mortgagee, was settled by this court when the case was before us on the former appeal. The facts in the record now before us are substantially as they appeared to be in the former one, and are fully stated in the opinion appearing in 48 Appellate Division, 378.
The success of the present appeal, therefore, must depend upon whether error appears in the…
2Cases cited3 opinions
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Carpenter v. . SouleNew York Court of Appeals · 1882
- Whitehead v. . SmithNew York Court of Appeals · 1880
3Cited by1 opinion
- Andrews v. NicholsAppellate Division of the Supreme Court of the State of New York · 1906