Perry v. Board of Missions of the Protestant Episcopal Church in the Diocese
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 February 4,1884, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to have a lien declared in the nature of a mortgage upon certain premises, the title to which is in the defendant, for moneys advanced by plaintiff to pay for repairs and improvements upon said premises.
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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 February 4,1884, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to have a lien declared in the nature of a mortgage upon certain premises, the title to which is in the defendant, for moneys advanced by plaintiff to pay for repairs and improvements upon said premises. The material facts are stated in the opinion. Even if plaintiff) had furnished the money to make the purchase of the property it would not…
1Opinion of the CourtDanforth, J.
Upon trial before a referee the plaintiff has been declared entitled to. a lien in the nature of a mortgage upon certain premises on Elk street, in the city of Albany, for a balance due him for advances made for improvements and repairs thereon and for interest on an existing mortgage, amounting to the sum of $4,677.38, besides costs, and in case the same is not paid within a certain time, that said real estate be sold in the same manner as sales °are made upon mortgage foreclosure, and, of the proceeds of such sale, the plaintiff be paid the amount of said lien, with interest as aforesaidj…
2Cited by35 opinions
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- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Winne v. . WinneNew York Court of Appeals · 1901
- Williams v. VanderbiltIllinois Supreme Court · 1893
- McDonald v. PearsonSupreme Court of Alabama · 1896
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