Boughton v. Valkenburgh
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Rensselaer county. Action to foreclose a mortgage by Reuben R. Boughton against Geofge Van Valkenburgh and others. From a judgment in favor of plaintiff, defendant Van Valkenburgh appeals. Reversed.
1Opinion of the CourtLandon, J.
The mortgage which the plaintiff seeks to foreclose-was given April 27, 1861, by Nicholas S. Miller, upon three, parcels of land, of which he was the owner, to Peter I. Stophilbeen, to secure the *575payment of Miller’s bond for $2,835 and interest. The appellant insists that, as against parcels 1 and 2, the plaintiff’s remedy is barred by the statute of limitations. The mortgage became due April 1, 1875. This action was commenced in September, 1899. Miller, by deed executed April 1,1865, conveyed parcel 3 to George Trosspar for the consideration of $10,428.65, subject to the mortgage in…
2Cases cited3 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Murdock v. . WatermanNew York Court of Appeals · 1895
- Fowler v. WoodNew York Supreme Court · 1894
3Cited by9 opinions
- Davis v. KleindienstArizona Supreme Court · 1946
- Kite v. EckleyIdaho Supreme Court · 1929
- Clement v. RL Burns Corp.Mississippi Supreme Court · 1979
- Turner v. PowellMontana Supreme Court · 1929
- Butler v. FryerSupreme Court of Oklahoma · 1916
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