Legal Opinion

De Clow v. Haverkamp

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1921PublishedCited by 3 opinions

Appeal by the defendant, Henry J. Haverkamp, from an order of the Supreme Court, made at the Chautauqua Special Term and entered in the office of the clerk of the county of Chautauqua on the 21st day of February, 1921, allowing additional costs to the plaintiff, and also from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 21st day of February, 1921, on the report of a referee in an action to…

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Appeal by the defendant, Henry J. Haverkamp, from an order of the Supreme Court, made at the Chautauqua Special Term and entered in the office of the clerk of the county of Chautauqua on the 21st day of February, 1921, allowing additional costs to the plaintiff, and also from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 21st day of February, 1921, on the report of a referee in an action to foreclose a mortgage on real property.

1Opinion of the Court

Clark, J.:

Prior to and on the 23d day of March, 1903, Mary A. Willis, an aged resident of Chautauqua county, was the owner of a farm located in that county of the reasonable value of $4,500".

On the 23d day of March¿ 1903, she sold and conveyed said farm to her son-in-law, Chauncey Heath. He paid no money for the farm, the principal consideration being a mortgage which he that day executed, acknowledged and delivered to said Mary A. Willis, the mortgage covering said farm, and reciting that the mortgagor was indebted to Mrs. Willis in the stun of $4,000, which he covenanted to pay, with…

2Cases cited3 opinions

  1. Matter of PulisNew York Court of Appeals · 1917
  2. Tucker v. TuckerAppellate Division of the Supreme Court of the State of New York · 1907
  3. Sanford v. Brown Bros.Appellate Division of the Supreme Court of the State of New York · 1909

3Cited by3 opinions

  1. Brayton v. PappasAppellate Division of the Supreme Court of the State of New York · 1976
  2. Jeffrey Towers, Inc. v. StrausAppellate Division of the Supreme Court of the State of New York · 1969
  3. Jeffrey Towers, Inc. v. Twin Towers, Inc.New York Supreme Court · 1968

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