Murdock v. Robinson
New York Supreme Court
Appeal from special term. Action by Gilbert Murdock, as administrator, and others, against Harriet Robinson and others. From a judgment entered on a decision of the special term after the trial of certain issues of fact by a jury, Clarissa Waterman, Mary Lamb, and Harriet Robinson separately appeal.
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Appeal from special term. Action by Gilbert Murdock, as administrator, and others, against Harriet Robinson and others. From a judgment entered on a decision of the special term after the trial of certain issues of fact by a jury, Clarissa Waterman, Mary Lamb, and Harriet Robinson separately appeal. This was an action to foreclose a mortgage dated September 21, 1861, and duly recorded on the 26tb of October following, given to the predecessors of the plaintiff by Daniel Lamb and Alanson Lamb, bis son, who were at the time -tenants in common of the mortgaged premises, each owning an undivided…
1Opinion of the CourtYarn, J.
The main question presented by this appeal is whether a payment upon a bond and mortgage, made after a part of the land covered thereby had been conveyed without mention of the mortgage, by one who inherited the mortgaged premises from the deceased mortgagor, prevents the statute of limitations from running in favor of the grantee. It has been held by the court of appeals of this state, and by the supreme court of the United States, that a partial payment made by the mortgagor himself, even after he has conveyed away the premises, arrests the operation of the statute as to both grantor and…
Also in this document: Dissent.
2Cases cited10 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Mallory v. . GillettNew York Court of Appeals · 1860
- Harper v. . FairleyNew York Court of Appeals · 1873
- Hauselt v. . PattersonNew York Court of Appeals · 1891
- Smith v. . RyanNew York Court of Appeals · 1876
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