Cleveland v. Rothwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nellie Rothwell, individually and as executrix, etc., of Jane E. Gregg, deceased, from an order of the Supreme Court, made at the Broome Special Term and entered in. the office of the clerk of the county of Chemung on the 8th day of August, 1900, denying her motion to compel the plaintiffs to-assign to her, or to some person for her benefit, the mortgage sought to be foreclosed in tiffs action, and for an order directing the discontinuance of the…
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Appeal by the defendant, Nellie Rothwell, individually and as executrix, etc., of Jane E. Gregg, deceased, from an order of the Supreme Court, made at the Broome Special Term and entered in. the office of the clerk of the county of Chemung on the 8th day of August, 1900, denying her motion to compel the plaintiffs to-assign to her, or to some person for her benefit, the mortgage sought to be foreclosed in tiffs action, and for an order directing the discontinuance of the action without costs.
1Per curiam
The appeal in this case and in the case of Maria Wells against the same defendant, brings up for our consideration the question whether the residuary devisee of the mortgagor is entitled, upon payment, to have an assignment of mortgages that have been given by the decedent upon real estate owned by her at the time of her death.
Prior to June, 1900, Jane E. Gregg died, leaving certain real estate upon which she had given three mortgages, one of which, for about $1,000, is held and being foreclosed in this action by the plaintiffs, and the other two, for a like amount, are held and being…
2Cases cited2 opinions
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Twombly v. . CassidyNew York Court of Appeals · 1880
3Cited by7 opinions
- Mahnk v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1931
- Ackerman v. MadduxNorth Dakota Supreme Court · 1913
- O'Brien v. Empire Discount Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Simonson v. LauckAppellate Division of the Supreme Court of the State of New York · 1905
- Schenectady Savings Bank v. AshtonNew York Supreme Court · 1923
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