Franklin v. Beegle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lucy E. W. Wilson, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 28th day of May, 1904, directing a foreclosure sale of the premises described in the complaint in the action, which final judgment was based upon an interlocutory judgment entered in said clerk’s office, on the 18th day of April, 1904, upon the decision of the court, rendered after a trial at the…
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Appeal by the defendant, Lucy E. W. Wilson, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 28th day of May, 1904, directing a foreclosure sale of the premises described in the complaint in the action, which final judgment was based upon an interlocutory judgment entered in said clerk’s office, on the 18th day of April, 1904, upon the decision of the court, rendered after a trial at the Suffolk Special Term, overruling the said defendant’s demurrer to the complaint, with notice of an intention to bring up…
1Opinion of the Court
Miller, J.:
The defendant Wilson, who appeals from a final judgment in an action to foreclose a mortgage made by the defendant William H. Beegle and wife to the plaintiff, brought an action to set aside as fraudulent and void a deed of the mortgaged premises from herself to the defendant Beegle, together with the mortgage, foreclosure of which is decreed by the final judgment appealed from. A motion was made by the appellant in this action to stay all proceedings until the trial and determination of said action brought by her to set aside the deed and mortgage as aforesaid, and, upon her…
2Cases cited2 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Sullivan v. New York & Rosendale Cement Co.New York Court of Appeals · 1890
3Cited by1 opinion
- Third National Bank v. GrahamAppellate Division of the Supreme Court of the State of New York · 1916