McConihe v. . Fales
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme • Court in the third judicial department, entered upon an order made. June 29, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to foreclose a mortgage executed by defendant Clark. The facts are sufficiently set forth in the opinion. The machinery had been put upon the real estate for pianufactnring purposes, and as such became a part of the real estate.
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Appeal from judgment of the General Term of the Supreme • Court in the third judicial department, entered upon an order made. June 29, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to foreclose a mortgage executed by defendant Clark. The facts are sufficiently set forth in the opinion. The machinery had been put upon the real estate for pianufactnring purposes, and as such became a part of the real estate. (McRae v. Cent. Bk., 66 N. Y. 489.) In equity partnership real estate is considered personal property. (Story on Part.…
1Opinion of the Court
Ruger, Ch. J.
In considering this ease it is desirable to keep in view some of the elementary principles, bearing upon the questions' involved, and which seem to us to be decisive of the merits of this appeal.
A defense to the foreclosure of a purchase-money mortgage on the part of the mortgagor, alleged to have existed at the time of its inception, can only arise when fraud has been practised by the mortgagee in procuring its execution, or there is a failure of consideration.' Thus it is held that a purchaser of land who has given a bond and mortgage thereon to secure the purchase-money, and…
2Cases cited10 opinions
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Peters v. BowmanSupreme Court of the United States · 1878
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
- Parkinson v. . ShermanNew York Court of Appeals · 1878
- Edwards v. BodineNew York Supreme Court · 1841
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3Cited by11 opinions
- Key West Wharf & Coal Co. v. PorterSupreme Court of Florida · 1912
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Merritt v. GouleyNew York Supreme Court · 1890
- Crowe v. Malba Land Co.New York Supreme Court · 1912
- Merchants' National Bank v. SnyderAppellate Division of the Supreme Court of the State of New York · 1900
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