Syracuse Savings Bank v. . Holden
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made at the April Term, 1885, which reversed, so far as the appellants were concerned, a judgment entered upon a decision of the court on trial at Special Term. (Reported below, sub nomine, Syracuse S'vgs. JBh. v, Porter, 36 Hun, 168.) This was an action for foreclosure.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made at the April Term, 1885, which reversed, so far as the appellants were concerned, a judgment entered upon a decision of the court on trial at Special Term. (Reported below, sub nomine, Syracuse S'vgs. JBh. v, Porter, 36 Hun, 168.) This was an action for foreclosure. The defendants, appellants, claimed any surplus moneys arising on sale to be applied on junior mortgages executed to them by Cornelia H. Burton. The facts, so far as material, are stated in the opinion. The…
1Opinion of the CourtEarl, J.
Prior to March 14, 1867, Henry B. Burton owned certain land in the city of Syracuse, subject to a mortgage,to foreclose which this action was brought, and on that day, through the medium of a third person, he conveyed it to his wife Cornelia H, Burton. On the 8th day of July, 1876, she, without any consideration, conveyed the land to Emily Howland, her mother, and on the fifteenth day of the same month Mrs. Howland, without any consideration, conveyed the land by a deed which we are now called upon to construe.
The deed purports to be an instrument between Emily Howland of the first part and “…
2Cases cited1 opinion
- Jennings v. . ConboyNew York Court of Appeals · 1878
3Cited by12 opinions
- Farrell v. Forest Investment Co.Supreme Court of Florida · 1917
- Rothschild v. DickinsonMichigan Supreme Court · 1912
- Clapp v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1896
- Sinnott v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1921
- Janura v. FenclWisconsin Supreme Court · 1952
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