Fort Miller Pulp & Paper Co. v. Bratt
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, the Fort Miller Pulp and Paper Company, and the defendants, Fred A. Bratt and others, from portions of an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Washington on the 7th day of February, 1907, upon the decision of the court, rendered after a trial- at the Washington Special Term, sustaining the plaintiff’s demurrer to the answer of the executors and overruling the plaintiff’s demurrer to…
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Cross-appeals by the plaintiff, the Fort Miller Pulp and Paper Company, and the defendants, Fred A. Bratt and others, from portions of an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Washington on the 7th day of February, 1907, upon the decision of the court, rendered after a trial- at the Washington Special Term, sustaining the plaintiff’s demurrer to the answer of the executors and overruling the plaintiff’s demurrer to the answers of the other defendants, but limiting the effect and application of said answers.
1Opinion of the Court
Kellogg, J.:
In addition to the ordinary allegations in foreclosure, the complaint alleges that before the death of the mortgagor the Superintendent of Public Works duly instituted proceedings under chapter 147 of the Laws of 1903 for the condemnation of - a part of the mortgaged premises, that the necessary, maps and surveys were filed and served, and .that the State Engineer, pursuant to such proceedings, had entered and taken possession of the lands and that the State had permanently appropriated tb,e same, but that adjustment had not been made for the value of the lands taken, and that the…
2Cited by6 opinions
- Culberson v. WatkinsSupreme Court of Georgia · 1923
- Markle v. OsborneAppellate Division of the Supreme Court of the State of New York · 1923
- Schrieber v. SawyerNew York Supreme Court · 1930
- City of Somerset v. ReidCourt of Appeals of Kentucky · 1967
- Markle v. OsborneAppellate Division of the Supreme Court of the State of New York · 1921
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