Ferguson v. . Crawford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court, on trial at Special Term. (Reported below. 7 Hun, 25.) The nature of the action and the facts are set forth sufficiently in the opinion. The verity of a record cannot be questioned by parol evidence, or controverted or inquired into in a collateral action.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court, on trial at Special Term. (Reported below. 7 Hun, 25.) The nature of the action and the facts are set forth sufficiently in the opinion. The verity of a record cannot be questioned by parol evidence, or controverted or inquired into in a collateral action. (3 Thomas Coke on Lit., 323; Brown v. Nichols, 42 N. Y., 26; Denton v. Noyes, 6 J. R., 296; Hamilton v. Wright, 37 N. Y., 502; Ray v. Rowley, 4 N. Y. S. C., 43.)
1Opinion of the CourtRapallo, J.
This action was brought to foreclose a mortgage, held by the plaintiff, on certain real estate in the county of Westchester. One of the defences was, that the rights of the plaintiff, as mortgagee, had been barred by a judgment of foreclosure of a mortgage prior to his, in favor of one McFarquahar, covering the same premises, under which judgment the premises had been sold to the defendant Horton. It was alleged in the answer that the plaintiff was a defendant in the McFarquahar action,, in which the judgment had been rendered, and appeared therein, by John W. Mills, as his attorney, but did…
2Cases cited33 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Mills v. DuryeeSupreme Court of the United States · 1813
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Hampton v. M'connelSupreme Court of the United States · 1818
- Williamson v. BerrySupreme Court of the United States · 1850
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3Cited by136 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Claim of Doey v. Clarence P. Howland Co.New York Court of Appeals · 1918
- People v. . BradnerNew York Court of Appeals · 1887
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