Campbell v. Ellwanger
New York Supreme Court
Appeal from special term, Monroe county. Action by Helen M. Campbell against George Ellwanger and others to redeem land from a mortgage sale. From a judgment dismissing the complaint with costs, plaintiff appeals. Affirmed.
1Opinion of the CourtHaight, J.
This action was brought to redeem the premises described in the complaint from the mortgage executed by Cyrus M. Campbell to James H. Gregory, and for an accounting of the rents and profits, and for dower. On the 1st day of September, 1856, Campbell purchased of Gregory the premises in question, and on the same day he executed and delivered to Gregory a purchase-money mortgage for $32,000. On the 3d day of December, 1857, and after default in the payment of the money due upon the mortgage, Gregory commenced an action for the foreclosure thereof, which action proceeded to judgment, and the…
2Cases cited11 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Phyfe v. RileyNew York Supreme Court · 1836
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3Cited by2 opinions
- MacKenna v. . Fidelity Trust Co.New York Court of Appeals · 1906
- McMichael v. RussellAppellate Division of the Supreme Court of the State of New York · 1902