Lewis v. . Duane
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 25, 1893, which affirmed a judgment in favor of defendant entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 25, 1893, which affirmed a judgment in favor of defendant entered upon the report of a referee. This action was brought in September, 1883, against defendant individually and as administratrix of Patrick H. Drake, and as executrix of Jane- E. and Virginia M. Drake, for an accounting and to redeem certain lands which Patrick H. Drake had claimed to own as purchaser under the foreclosure of a mortgage executed to him by Frederick Lewis and wife. The action was…
1Opinion of the CourtFinch, J.
The plaintiff’s right to an accounting under the ■agreement which made the mortgage from Lewis to Drake ■collateral to certain described liabilities and promised advances of the latter is apparently barred by the foreclosure of that mortgage winch has vested the legal title in the purchasers at the sale and extinguished the mortgagor’s right of redemption. It is, consequently, over the validity and operative force of that foreclosure and sale that the controversy has been carried •on both in the proofs and the argument addressed to the trial court and the General Term, and it is substantially…
2Cases cited5 opinions
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
- Williams v. . TownsendNew York Court of Appeals · 1865
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Kohler v. . MatlageNew York Court of Appeals · 1878
- Mowry v. . SanbornNew York Court of Appeals · 1877
3Cited by25 opinions
- Bush v. . O'BrienNew York Court of Appeals · 1900
- Gibson v. NelsonSupreme Court of Minnesota · 1910
- Pomeroy v. PrescottSupreme Judicial Court of Maine · 1910
- Barber-Colman Co. v. Magnano Corp.Court of Appeals for the First Circuit · 1924
- Barton v. TombariWashington Supreme Court · 1922
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