Bond v. Finn
New York Supreme Court
Appeal from the judgment on report of referee. Mortgage foreclosure by Tewton R. Bond against Emily M. Finn and others. The issues were tried before a referee, and this appeal comes upon his findings; the evidence given upon the trial not forming part of the record.
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Appeal from the judgment on report of referee. Mortgage foreclosure by Tewton R. Bond against Emily M. Finn and others. The issues were tried before a referee, and this appeal comes upon his findings; the evidence given upon the trial not forming part of the record. The complaint was in the usual form to foreclose a mortgage given by Augustus G. Goold and Julia, his wife, to the plaintiff to secure a debt of the former, September 2, 1885. It alleged that Augustus G. Goold died intestate July 6, 1887, leaving his daughters, the defendant, Emily M. Finn, and Julia A. Bond, his only heirs and…
1Opinion of the CourtLandon, J.
The defendant, Emily M. Finn, as one of the devisees of Julia. A. Goold, who died in January, 1887, became the owner of an undivided part of the mortgaged premises, unless the interest of Julia A. Goold was cut off by the statutory foreclosure by advertisement and sale under the mortgage-made by Mary Home, who died intestate, seised and owner of the premises in. January, 1878, leaving Julia A. Goold one of her heirs at law.
As the evidence given on the trial is not returned in the record, we assume the truth of the findings of fact returned, and such other facts as may be necessary to uphold…
2Cases cited4 opinions
- King v. DuntzNew York Supreme Court · 1851
- Anderson v. AustinNew York Supreme Court · 1861
- Hubbell v. SibleyNew York Supreme Court · 1871
- Mackenzie v. AlsterNew York Supreme Court · 1882
3Cited by2 opinions
- Jefferson v. . BangsNew York Court of Appeals · 1909
- Stanly v. FreckletonNew York Supreme Court · 1892