Wood v. Harper
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Orlando M. Harper and another, from a judgment of the Supreme Court in favor of the plaintiff, . entered ..-in the office of. the clerk of the county of Suffolk on the 15th day of January, 1896, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Bradley, J.:
The purpose of the action was the foreclosure of a mortgage •made by Charles McCaffrey to Hewlett Scudder upon about 170 acres of land in the county of Suffolk, of which land forty-two acres were afterwards conveyed by McCaffrey to the defendant Orlando M. Harper. The relief- sought, and by the judgment obtained in the action, was to charge such forty-two acres primarily with the lien of the mortgage. The question presented by the issue and upon this review is, whether the defendant’s land is chargeable with such burden. It seems • that McCaffrey had title to the entire premises,…
2Cases cited2 opinions
- Howard Insurance Co. v. . HalseyNew York Court of Appeals · 1853
- Skeel v. SprakerNew York Court of Chancery · 1840
3Cited by1 opinion
- Kassin v. M. L. Building CorporationNew York Court of Appeals · 1926