Reichert v. . Stilwell
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 18, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to foreclose two mortgages upon the same parcel of land, and the defense was founded upon sections 1628 and 1630 of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 18, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to foreclose two mortgages upon the same parcel of land, and the defense was founded upon sections 1628 and 1630 of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion. Tlxe Appellate Division has placed an interpretation upon sections 1628 and 1630 of the Code of Civil Procedure which limits and…
1Opinion of the CourtVann, J.
The defendants’ intestate, Charles A. Stilwell, gave two mortgages upon his farm in the town of DeWitt, county of Onondaga, one in 1881 for $2,000 and the other in 1886 for $1,000, to' secure the payment of money borrowed at the dates and to the amounts stated. A bond in the usual form accompanied each mortgage and represented the debt secured. In 1897 he gave a mortgage upon certain salt lots owned by him in the city of Syracuse for $3,720, of which the sum of $720 represented a new and independent consideration and the remainder represented the debt secured by the two mortgages upon his…
2Cases cited2 opinions
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Dunkley v. Van BurenNew York Court of Chancery · 1818
3Cited by34 opinions
- Jo Ann Homes at Bellmore, Inc. v. DworetzNew York Court of Appeals · 1969
- Jamaica Savings Bank v. M. S. Investing Co.New York Court of Appeals · 1937
- Central Trust Co. v. DannNew York Court of Appeals · 1995
- In Re EbadiUnited States Bankruptcy Court, E.D. New York · 2011
- In Re SmithUnited States Bankruptcy Court, W.D. New York · 2001
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