Lewis v. Ingersoll
New York Court of Appeals
The action was brought to compel the defendants to discharge and surrender a certain bond and mortgage in their hands, and to have the mortgage canceled of record on the ground that the debt had been paid and satisfied. The lands in question are situated in the county of Broome, in what is known as the Bingham patent. The bond ánd mortgage in question were executed on or about the 19 th of June, 1826, to secure the payment of $4,664.66 by installments.
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The action was brought to compel the defendants to discharge and surrender a certain bond and mortgage in their hands, and to have the mortgage canceled of record on the ground that the debt had been paid and satisfied. The lands in question are situated in the county of Broome, in what is known as the Bingham patent. The bond ánd mortgage in question were executed on or about the 19 th of June, 1826, to secure the payment of $4,664.66 by installments. The plaintiffs’ testator, Hazard Lewis, was the owner of the premises in fee, and commenced the action in his lifetime; alleging, in his…
1Opinion of the CourtJohnson, J.
Upon the facts established by the findings of the court, it is impossible for the plaintiff to maintain this action. It is unnecessary to repeat here that this court will not review the case upon the exceptions to findings of fact, or the omission to find other facts not found. This has been so often and so uniformly asserted as the rule, that the occasion for re-asserting it ought no longer to be permitted and passed upon by'us.
The $326 claimed to have been paid upon the bond and mortgage, were never received either by the defendants personally, or by their agent, Joshua Whitney. The bond…
2Cases cited1 opinion
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
3Cited by7 opinions
- McCreery v. GreenMichigan Supreme Court · 1878
- Titus & Scudder v. Cairo & Fulton RailroadSupreme Court of New Jersey · 1884
- McConnell v. MackinAppellate Division of the Supreme Court of the State of New York · 1897
- Anderson v. WestThe Superior Court of New York City · 1875
- Driggs v. SmithThe Superior Court of New York City · 1873
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