Mack v. . Anderson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 13, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Statute of Limitations bars the plaintiff’s right to sell the land of Anderson.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 13, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Statute of Limitations bars the plaintiff’s right to sell the land of Anderson. It was undisputed that neither Anderson nor his grantor, or any one in his behalf, has ever paid anything on the bond or mortgage, and that twenty-eight years had elapsed since they became due…
1Opinion of the CourtWerner, J.
This action was brought to foreclose a mortgage given by the defendant David D. Metcalf' to the Oswego City Savings Bank on the 6th day of May, 1864, to secure the' payment of $1,300.00 and interest, in one year from the date thereof. The mortgage was given as collateral security to a bond of the same import. The lands mortgaged are situated in the town and county of Oswego, state of New York, and consist of two parcels, the first of which contains fifty acres, and the second twenty-five acres, "both being described as parts of subdivision one of lot number thirty-three. This bond and…
2Cases cited4 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Murdock v. . WatermanNew York Court of Appeals · 1895
- Acker v. . AckerNew York Court of Appeals · 1880
- Boughton v. HarderAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- Clute v. . CluteNew York Court of Appeals · 1910
- Kaiser v. IdlemanOregon Supreme Court · 1910
- Turner v. PowellMontana Supreme Court · 1929
- Keese v. DeweyAppellate Division of the Supreme Court of the State of New York · 1906
- Nickell v. TracyAppellate Division of the Supreme Court of the State of New York · 1905
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