Remington Paper Co. v. . O'Dougherty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme • Court, in the fourth judicial department, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee. (Memorandum of decision below, 16 Hun, 494.) This action was brought to have certain deeds and mortgages set aside and canceled of record.
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Appeal from judgment of the General Term of the Supreme • Court, in the fourth judicial department, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee. (Memorandum of decision below, 16 Hun, 494.) This action was brought to have certain deeds and mortgages set aside and canceled of record. The plaintiff alleged in its complaint and the referee found in substance that it recovered a judgment in the Supreme Court against the defendant, Patrick O’Dougherty, on the 24th day of April, 1873, for $2,822.40, upon which execution was issued and…
1Opinion of the CourtAndrews, J.
The title of the plaintiff, as purchaser of the real estate of Patrick O’Dongherty, under its judgment and execution, had not, at the time of the commencement of this action, been perfected by a conveyance from the sheriff. But more than a year had elapsed from the time of sale. The period for redemption by the judgment debtor had expired, and the only contingency which could defeat the right of the purchaser to a deed, at the expiration of fifteen months, was a redemption by other judgment creditors, or by a mortgagee whose mortgage was a lien on the premises. In that case, the redeeming…
2Cases cited11 opinions
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Stilwell v. . Mutual Life Insurance Co.New York Court of Appeals · 1878
- Peters v. McKeonNew York Supreme Court · 1847
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3Cited by38 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Angus v. CravenCalifornia Supreme Court · 1901
- Piedra v. VanoverAppellate Division of the Supreme Court of the State of New York · 1992
- Swan v. TalbotCalifornia Supreme Court · 1907
- Horbach v. TyrrellNebraska Supreme Court · 1896
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