Barnard v. . Onderdonk
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 26, 1882, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This was a partition suit.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 26, 1882, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This was a partition suit. An interlocutory judgment was rendered therein declaring that a certain mortgage and decree of foreclosure belonging to the defendant Onderdonk were, by force of the statute of limitations, presumed to he paid, and therefore not a lien on the premises in question. "The complaint, after setting out the mortgage and decree, averred that by virtue of them Onderdonk…
1Opinion of the CourtDanforth, J.
The questions presented on this appeal relate to the decision of the General Term affirming the interlocutory judgment above mentioned. In the view we take of those questions it is not material to inquire what consequences would have followed if Onderdonk had remained silent in this action, or when pressed by the plaintiff or his co-defendant, had contented himself with a simple denial of their allegations. He did neither. Of two courses he made his election. He became an actor in the proceedings, and by answer asked affirmative relief. Having in mind that the judgment might be either for an…
2Cases cited4 opinions
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Brown v. FrostNew York Court of Chancery · 1843
- Lansing v. CapronNew York Court of Chancery · 1815
- In re CosterNew York Court of Chancery · 1817
3Cited by21 opinions
- People Ex Rel. Everson v. . LorillardNew York Court of Appeals · 1892
- Bolling & Son v. PaceSupreme Court of Alabama · 1892
- Mosello v. Ali, Inc. (In Re Mosello)United States Bankruptcy Court, S.D. New York · 1995
- Mosello v. Ali, Inc. (In Re Mosello)District Court, S.D. New York · 1996
- Town of Islip v. CuomoAppellate Division of the Supreme Court of the State of New York · 1989
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