Wheeler v. Morris
The Superior Court of New York City
This is an appeal by the plaintiff, from a judgment for the defendant, ordered by Mr. Justice Hoffman, at Special Term, on demurrer to the complaint, on the ground, that it did not state facts sufficient to constitute a cause of action. In January, 1835, George Rapelje conveyed certain lots of ground to William A. Burtis, and, to secure to Rapelje the payment of a part of the purchase-money, Burtis and his wife, at the same time, mortgaged to him the premises conveyed.
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This is an appeal by the plaintiff, from a judgment for the defendant, ordered by Mr. Justice Hoffman, at Special Term, on demurrer to the complaint, on the ground, that it did not state facts sufficient to constitute a cause of action. In January, 1835, George Rapelje conveyed certain lots of ground to William A. Burtis, and, to secure to Rapelje the payment of a part of the purchase-money, Burtis and his wife, at the same time, mortgaged to him the premises conveyed. In May, 1835, the same premises were conveyed, from Burtis and wife, through several mesne conveyances, to Russell C.…
1Opinion of the CourtBy the Court. Woodruff, J.
The question presented to our consideration on this appeal is, whether the plaintiff is entitled to redeem the premises, in virtue of an interest therein, as the-once wife, and now widow, of Russell C. Wheeler, to whom the premises.were conveyed, subject to a mortgage given thereon for *529purchase-money by the party from whom his title was derived. And this question involves an inquiry, what were the rights of the plaintiff prior to the foreclosure of that mortgage ? and second, how does that foreclosure affect her ?
It is, of course, conceded, that Russell C. Wheeler, her husband, acquired, by…
2Cases cited6 opinions
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Van Duyne v. ThayreNew York Supreme Court · 1835
- Lane v. ShearsNew York Supreme Court · 1828
- Jackson ex dem. Bruyn v. DewittNew York Supreme Court · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fletcher v. HolmesIndiana Supreme Court · 1870
- McGough v. SweetserSupreme Court of Alabama · 1892
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
- Lunny v. McClellanAppellate Division of the Supreme Court of the State of New York · 1906
- Miner v. BeekmanThe Superior Court of New York City · 1870
4 more not listed; retrieve them via the Exa API.