McMurray v. McMurray
New York Supreme Court
Motion to set aside all proceedings subsequent to the service of summons, including judgment of foreclosure and sale, on the ground that no guardian ad litem was appointed for certain infant defendants. The action was brought by John Gr. against Caroline A. McMurray and others.
1Opinion of the CourtLearned, J.
The papers on this motion are voluminous, but the facts on which the decision must turn are few and simple.
In 1860 the plaintiff commenced the action above entitled, for the purpose of foreclosing a mortgage given by Robert D. McMurray, the deceased, on land in Troy. The land was one hundred and eighty feet wide, front and rear. At the time of the commencement of the action, Charles D. McMurray, Frances E. McMurray and Mary A. McMurray were seized in fee in remainder, each of an undivided fourth of three undivided fifth parts of the equity of redemption in a part of the mortgaged premises,…
2Cases cited18 opinions
- Croghan v. . LivingstonNew York Court of Appeals · 1858
- Clapp v. . GravesNew York Court of Appeals · 1863
- Arnold, Duncan & others v. SandfordNew York Supreme Court · 1817
- Dewitt v. PostNew York Supreme Court · 1814
- Camp & Ball v. BennettNew York Supreme Court · 1836
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3Cited by4 opinions
- Schimpf v. Wayne Circuit JudgeMichigan Supreme Court · 1901
- Barnes v. GillNew York Supreme Court · 1872
- Benedict v. CooperNew York Surrogate's Court · 1885
- Estate of CooperNew York Surrogate's Court · 1855