Olmstead v. . Latimer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, 1896, modifying and as modified affirming a judgment entered upon a decision of the court on trial at Special Term. In August, 1878, one John G-. Latimer executed his bond with a mortgage on a lot and building on Atlantic street, Brooklyn, to secure the sum of $18,000 borrowed by him. The plaintiff subsequently acquired that bond and mortgage.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, 1896, modifying and as modified affirming a judgment entered upon a decision of the court on trial at Special Term. In August, 1878, one John G-. Latimer executed his bond with a mortgage on a lot and building on Atlantic street, Brooklyn, to secure the sum of $18,000 borrowed by him. The plaintiff subsequently acquired that bond and mortgage. In 1884 Latimer died intestate, seized of the mortgaged premises, leaving a widow and four brothers (the three defendants and one…
1Opinion of the Court
Parker, Ch. J.
The defendants Latimer, as heirs at law of the mortgagor, were respectively liable under section 1813 of the Code, for the debts of the said mortgagor decedent to the extent of their interest in the real property that descended to them from him. The premises covered by the mortgage were primarily liable to pay the mortgage debt. As there was no personal estate the defendants were secondarily liable, and they were properly made parties in the action of foreclosure by virtue of section 1627 of the Code, which provides that “ any person who is liable to the plaintiff for the pay…
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