House v. . Carr
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 27, 1905, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was commenced on the 23d of June, 1903, to restrain the foreclosure of a mortgage by advertisement under the statute.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 27, 1905, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was commenced on the 23d of June, 1903, to restrain the foreclosure of a mortgage by advertisement under the statute. The mortgage, collateral to a bond of even date, was given by,Alonzo House to Cynthia Gilbert on the 13th of October, 1870, to secure the payment of a debt which he owed her, then amounting to the sum of $400, within four years from date. The mortgagor owned…
1Opinion of the Court
Cullen, Ch. J.
• This appeal presents the single question whether a court of equity will, on the ground that the Statute of Limitations has run against a mortgage, restrain a sale under the power of sale contained in the mortgage. There is neither allegation in the complaint nor finding by the court that the bond and mortgage have been paid. The complaint charged and the trial court found merely that no payments had been made within twenty years upon the bond and mortgage and that, therefore, they were, under the statute, barred by lapse of time. I can find no case in the books and none has…
2Cases cited10 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
5 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Hopkins v. . Lincoln Trust Co.New York Court of Appeals · 1922
- 118 East 60th Owners, Inc. v. Bonner Properties, Inc.Court of Appeals for the Second Circuit · 1982
- Donaldson v. Chase Securities Corp.Supreme Court of Minnesota · 1943
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