Sanford v. Van Arsdall
New York Supreme Court
Appeal by the defendants from a judgment rendered at a Special Term of the Supreme Court, held in Ontario county, and entered in the office of the clerk of Ontario county on the 6th day of December, 1887. The action was brought to foreclose a mortgage and fo a sale of the mortgaged premises.
1Opinion of the Court
Macomber, J.:
The defendant, Sarah J. Van Arsdall, became a purchaser of the mortgaged premises October 23,1872, and, by the terms of the deed to her, she agreed to pay the incumbrances then existing thereon, which consisted of a $1,000 mortgage executed by one Kellogg and wife to Bronson, and a mortgage, dated October 27, 1859 (the one involved in this action), executed by one Dewey and wife to Birch to secure the payment of $2,000.
The Birch mortgage was assigned to the plaintiff January 15, 1877. On the 13th day of March, 1873, the defendant and her husband executed a bond and mortgage to…
2Cases cited5 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Claim of Wilbur v. Estate of WarrenNew York Court of Appeals · 1887
- Taylor v. ColemanTexas Supreme Court · 1858
- Huffstater v. HayesNew York Supreme Court · 1873