Burke v. Nichols
New York Supreme Court
THIS was an action for the foreclosure of a mortgage, executed by the defendant to the plaintiff to secure the payment of $1500, a portion of the purchase money of a lot of land in the city of Hew York.
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THIS was an action for the foreclosure of a mortgage, executed by the defendant to the plaintiff to secure the payment of $1500, a portion of the purchase money of a lot of land in the city of Hew York. The action was referred to a referee, who found the following facts : That the bond and mortgage mentioned in the complaint were executed by the defendant to the plaintiff, to secure part of the consideration money agreed to be paid by the defendant to the plaintiff upon a conveyance thereof by the plaintiff to the defendant, at the time and in the manner mentioned in the pleadings. That such…
1Opinion of the Court
By the Court, Ingraham, J.
The defendant was the purchaser from the plaintiff of a lot of ground, and for a part of the consideration money he gave a mortgage thereon. Neither the deed nor the mortgage referred to any building on the premises. There was a house standing on the lot, which projected over the adjoining lot. In consequence thereof the defendant purchased the adjoining lot, and thus became the owner of both lots and of the whole building. The plaintiff now brings an action to foreclose the mortgage, and the defendant sets up, by way of counter-claim, the above facts, on which he…
2Cases cited1 opinion
- National Fire Insurance Company v. . McKayNew York Court of Appeals · 1860
3Cited by1 opinion
- Dorfman v. LiebNew Jersey Court of Chancery · 1928