Blass v. . Terry
New York Court of Appeals
Appeal from a judgment of the late General Term of the-Supreme Court in the fifth judicial department, entered August 10,1895, modifying and, as modified, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court, and an order denying a motion for a new trial.
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Appeal from a judgment of the late General Term of the-Supreme Court in the fifth judicial department, entered August 10,1895, modifying and, as modified, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court, and an order denying a motion for a new trial. This action was brought against1 Georgianna B. S. Terry and Sarah L. Scofield to recover a deficiency .upon a sale of lands under mortgage foreclosure, half of which mortgage, it was alleged, had been assumed by the defendants as grantors, in a deed of an undivided one-lialf of the mortgaged premises. The…
1DissentBartlett, J.
This action was brought against G-eorgianna B. S. Terry and Sarah L. Scofield to recover for a deficiency of principal and interest upon the sale of lands in Ohio under mortgage foreclosure, half of which mortgage had been assumed by the defendants as grantees in a deed of an undivided one-half of the mortgaged premises.
Mrs. Scofield did not defend and judgment was taken against her by default, and against Mrs. Terry, the appellant, after trial.
The counsel for the appellant insists there are legal errors disclosed by the record that call for a reversal of the judgment.
It is first urged that…
2Cases cited8 opinions
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Worrall v. . MunnNew York Court of Appeals · 1851
- Newton v. . BronsonNew York Court of Appeals · 1856
- Kirtz v. . PeckNew York Court of Appeals · 1889
- McWhorter v. McMahanNew York Court of Chancery · 1843
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