Helck v. . Reinheimer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 4, 1886, the nature of which order, of the judgment below and of the action, and the material facts, are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 4, 1886, the nature of which order, of the judgment below and of the action, and the material facts, are set forth in the opinion. The action was treated -on the trial as one solely for the purpose of construing the instrument under which the defendants claimed the premises .and its effect upon the mortgage, and having been tried in the court below upon the merits without any exceptions on the part of the defendants, it will be so considered on appeal. (Brundage v.…
1Opinion of the CourtRapallo, J.
This was an action to foreclose a mortgage-on real estate, executed in the year 1873 by Jacob Beinheimer and his wife Philipena, to the plaintiff’s intestate, to secure the-payment of money lent. Hone of the defendants answered except Henry Beinheimer and Henry Beinheimer, Jr. The execution of the mortgage and the amount due thereon were not disputed, but the two defendants who answered set up as-a defense that, at the time of the execution of the mortgage, the mortgagor, Jacob Beinheimer, had no title to the mortgaged premises, and had acquired none since; that in 1864 he had conveyed said…
2Cases cited1 opinion
- Jordan v. . Van EppsNew York Court of Appeals · 1881
3Cited by13 opinions
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Beronio v. Ventura County Lumber Co.California Supreme Court · 1900
- Driscoll v. . West Bradley C.M. Co.New York Court of Appeals · 1874
- Bolling & Son v. PaceSupreme Court of Alabama · 1892
- Sielbeck v. GrothmanIllinois Supreme Court · 1911
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