Jefferson v. . Bangs
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The attempted statutory foreclosure of the mortgage in 1861 by Hastings A. King was null and void and he obtained no title whatsoever by reason and on account of such foreclosure. (MacKenzie v. Alster, 64 How. Pr. 388; Anderson v. Austin, 34 Barb. 319; Van…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to recover a farm of 76 acres in the town of Groton, Totnpkins county. The facts out of which the controversy arises are as follows : In August, 1856, one William King was seized in fee of the farm in question subject to a purchase money mortgage for $1,510. By his will, which was afterward proved, the testator gave the use of one-third of his real estate to his wife Hannah King during life, and the use of two-thirds (and of the whole after the widow’s death) to his adopted son Hastings A. King (the father of the plaintiff) for and during his life. By the…
2Cases cited11 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Anderson v. NorthropSupreme Court of Florida · 1892
- Murphy v. . WhitneyNew York Court of Appeals · 1894
- Boyer v. . EastNew York Court of Appeals · 1900
- Christie v. . GageNew York Court of Appeals · 1877
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3Cited by11 opinions
- Oldham v. NobleIndiana Court of Appeals · 1946
- Content v. DaltonSupreme Court of New Jersey · 1937
- Maxwell v. HamelNebraska Supreme Court · 1940
- Partenfelder v. . PeopleNew York Court of Appeals · 1914
- Lotspeich v. DeanNew Mexico Supreme Court · 1949
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