Sheldon v. . Wickham
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 2, 1898, affirming a judgment in favor of the defendant Hillis as assignee, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated.in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 2, 1898, affirming a judgment in favor of the defendant Hillis as assignee, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated.in the opinion. The machinery in this case was made a part of the real estate for the purposes of the mortgage, by express contract between the parties, the owner and the mortgagee. (English v. Foote, 8 S. & M. 444; Van Ness v. Packard, 2 Pet. 137; McFadden v. Allen, 134 N. Y. 489 ; Buckley v.…
1Opinion of the CourtHaight, J.
This action was brought to foreclose a mortgage bearing date April 15th, 1891, given by Richard Wick-ham, the defendant, to the plaintiff to secure the payment of $12,000. The property mortgaged consisted of a lot or parcel of land situate in the eighth ward of the city of Albany, on the west side of Broadway, and being the same property embraced in a deed to Wickham by Benjamin W. Arnold, Jane' T. Arnold and Harriet A. Arnold, wife of Benjamin W. Arnold, which deed was delivered concurrently with the mortgage which included “the buildings, machinery and all other fixtures thereon.” It…
2Cases cited11 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Stewart v. PlattSupreme Court of the United States · 1879
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Yeatman v. Savings InstitutionSupreme Court of the United States · 1878
- Stephens v. . PerrineNew York Court of Appeals · 1894
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3Cited by17 opinions
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- Mathews v. HardtAppellate Division of the Supreme Court of the State of New York · 1903
- Law v. SmithNew Jersey Court of Chancery · 1904
- In Re the Assignment for the Benefit of Creditors of Brown Bomber Baking Co.New York Court of Appeals · 1944
- Mathews v. HardtAppellate Division of the Supreme Court of the State of New York · 1903
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