Legal Opinion

Charlton v. Webster

New York Court of Common Pleas

Decided February 1, 1892Published

Appeal from special term. Action by John Charlton and another against Georgiana F. Webster and others. From an order granting plaintiffs’ motion for judgment on the ground of frivolousness of defendants’ demurrer to plaintiffs’ reply to a counter-claim, defendants appeal.

1Opinion of the CourtAllen, J.

The order is appealable to the general term. Elwood v. Roof, 82 N. Y. 428. The action is brought to foreclose a mortgage upon certain real estate. The mortgage was made by one Mclnerny to plaintiffs, is dated August, 1889, and recorded August 27, 1889. By various mesne conveyances subsequent to the making and recording of the mortgage the title to the property became vested in Georgiana Webster, who is now the owner of the equity of redemption. It does not appear from the complaint what relation Thomas Webster holds to the mortgaged premises, nor does the complaint pray for any personal…

2Cases cited1 opinion

  1. Elwood v. . RoofNew York Court of Appeals · 1880

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