Legal Opinion

Lord v. Lindsay

New York Supreme Court

Decided September 15, 1879Published

Appeal from a judgment in favor of tbe defendant Ann Lindsay, entered upon tbe trial of this action by tbe court at Special Term.

1Opinion of the Court

Boardman, J.:

This was an action brought to foreclose a mortgage given by husband and wife upon property owned by tbe wife, to secure tbe precedent debt of the husband and to stop proceedings to enforce the collection of the judgment held against tbe husband. The husband did not defend. The wife defended, and in her answer alleges “that the notes and mortgage mentioned in the complaint were obtained from this defendant by the agent of the plaintiff (and others in collusion with him) by duress of the defendant, in threatening to throw the defendant and her furniture out upon the street, and by…

2Cases cited2 opinions

  1. Union Dime Savings Institution v. . DuryeaNew York Court of Appeals · 1876
  2. Rexford v. RexfordNew York Supreme Court · 1872

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