Banks v. Walker
New York Court of Chancery
The bill was filed by the executors of Eliza McCarthy, to-foreclose a mortgage for $19,250, executed to her by Joshua Walker, on the 14th day of December, 1836. The premises mortgaged, are a lot with the buildings thereon, known as No. 352, in Broadway, in the city of New York, forming a part of the Carlton House.
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The bill was filed by the executors of Eliza McCarthy, to-foreclose a mortgage for $19,250, executed to her by Joshua Walker, on the 14th day of December, 1836. The premises mortgaged, are a lot with the buildings thereon, known as No. 352, in Broadway, in the city of New York, forming a part of the Carlton House. The lot was formerly the residence of Dennis McCarthy, who died intestate, seised of the same on the 29th of July, 1835. He left no children, and it was supposed that all his relations who would otherwise have taken by descent, were aliens at the time of his death. Eliza McCarthy,…
1Opinion of the Court
The Assistant Vice-Chancellor.
defence, rests upon two grounds:—
First, that Mrs. McCarthy represented to the defendant on his purchasing the property, that all the heirs at law of her husband were aliens, whereby his real estate escheated to the people of this state; whereas, in fact there ivas an heir of her husband residing in this state, who had been naturalized, and was capable of inheriting his real estate; and that Mrs. McCarthy well knew of the existence, title, and claim of this naturalized heir, when she made such representation.
The defendant has not Sustained these allegations. There…
2Cases cited1 opinion
- Whitney v. LewisNew York Supreme Court · 1839
3Cited by3 opinions
- Clark v. BakerCalifornia Supreme Court · 1860
- Stafford Nat. Bank v. SpragueU.S. Circuit Court for the District of Connecticut · 1881
- Whittemore v. FarringtonNew York Supreme Court · 1876