Monell v. Douglass
New York Court of Common Pleas
Appeal from city court, general term. Action by Mary Monell against Margaret K. Douglass to recover damages for an alleged breach of covenant against incumbrances contained in a deed. From a judgment of the general term of the city court affirming a judgment entered on the verdict of a jury in favor of plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
The complaint averred the execution and delivery of a deed by defendant to plaintiff for the conveyance of real property, and the grantor’s covenant against incumbrances other than arrears of taxes and two certain mortgages, with the accrued interest thereon; and that at the time of the conveyance an action *757had been begun in the supreme court for the foreclosure of one of the mortgages, in which notice of the pendency of the action was duly filed. It further averred that to secure the discontinuance of the foreclosure action and the cancellation of notice of its pendency plaintiff necessarily…
2Cases cited10 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Arnold v. . AngellNew York Court of Appeals · 1875
- Knapp v. . SimonNew York Court of Appeals · 1884
- Hayes v. . NourseNew York Court of Appeals · 1889
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