Hall v. Erwin
New York Supreme Court
APPEAL, by the defendant, from a judgment entered at a special term, upon a trial- before a justice of this court, without a jury. The action was brought for the foreclosure of a mortgage.
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APPEAL, by the defendant, from a judgment entered at a special term, upon a trial- before a justice of this court, without a jury. The action was brought for the foreclosure of a mortgage. The complaint alleged, that on the 28th day of August, 1869, the appellant, William Erwin, executed and delivered to Jabez R. Ward his bond, dated on that day, for the payment to said Ward, in one year, of $2200 and interest thereon; that on the same day the appellant and his wife executed and delivered to said Ward, a mortgage upon a farm in Steuben' county, to secure the payment of said bond; and that on…
1Opinion of the Court
By the Court, Johnson, J.
The action is to foreclose a mortgage given by the defendant to Jabez It. Ward. The plaintiff claims to be the owner of the mortgage, by virtue of an assignment from Ward, the mortgagee.
The defense is, in substance, that the plaintiff is not the owner of the mortgage, and never acquired any title thereto, by virtue of his pretended assignment, and that the defendant has paid the mortgage debt in full to the mortgagee, who was the real owner, and who has duly satisfied and discharged the same. There is no dispute about the facts of the case. •
The testimony of Ward, the…
2Cases cited2 opinions
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
- Talman v. GibsonThe Superior Court of New York City · 1828
3Cited by2 opinions
- Nutter v. BrownWest Virginia Supreme Court · 1902
- Carpenter v. ReynoldsWisconsin Supreme Court · 1883