Moulton v. . Cornish
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 17,1891, which modified and affirmed, as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action for the foreclosure of a mortgage. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtMaynard, J.
In 1886 the plaintiff was the owner of a mortgage, given to secure the payment of eighty-six hundred and fifty dollars and interest, upon three several lots of land in the town of Floyd, Oneida county, known as the Klock, . Eells and Tavern farms, and the defendant was the owner of a subsequent mortgage upon the same property given to secure the payment of $2,500 and interest, which, "with the assignments to him, were recorded in the Oneida county clerk’s office.
On May 16tli, the plaintiff commenced an action in the Supreme Court for the foreclosure of her mortgage, but omitted to make the…
2Cases cited6 opinions
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Brainard v. . CooperNew York Court of Appeals · 1852
- Produce Bank v. . MortonNew York Court of Appeals · 1876
- Peabody v. RobertsNew York Supreme Court · 1866
- Franklyn v. HaywardNew York Supreme Court · 1881
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3Cited by35 opinions
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- Galusha v. . GalushaNew York Court of Appeals · 1893
- Johns v. WilsonSupreme Court of the United States · 1901
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- Bean v. WalkerAppellate Division of the Supreme Court of the State of New York · 1983
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