Taylor v. Baldwin
New York Supreme Court
This case came before the court on a motion to confirm the report of the referee and for an order to distribute the surplus moneys arising upon the sale of the Empire House and premises in the city of Syracuse, upon the foreclosure of a mortgage, and upon exceptions to that report by Harvey Baldwin and the widow and heirs at law of J. H. Tomlinson.
1Opinion of the CourtAllen, J.
The moneys which are the subject of this litigation, are the proceeds of the sale of that one-fourth of the premises which formerly belonged to John Thomas, the history of which is somewhat material to a decision of the questions before me. The premises were on the 14th of November 1885 owned by Baldwin, Oadwell, Jackson, Dodge and Comstock, who, on that day, executed to the plaintiff in this action the mortgage upon the foreclosure of which they were sold. After this, Baldwin by a deed with full covenants, (that is, covenants of seisin, against encumbrances and for quiet enjoyment,) conveyed…
2Cases cited4 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- Loring v. BaconMassachusetts Supreme Judicial Court · 1808
- Bunn v. CroulNew York Supreme Court · 1813
- Inhabitants of Reading v. Inhabitants of WestonSupreme Court of Connecticut · 1830
3Cited by15 opinions
- Ford v. . KnappNew York Court of Appeals · 1886
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Cosgriff v. . FossNew York Court of Appeals · 1897
- Houston v. McCluneyWest Virginia Supreme Court · 1874
- Gardner v. SamuelsCalifornia Supreme Court · 1897
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