Oliphant v. . Burns
New York Court of Appeals
Appeal by defendants, Burns and Parker, from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 8, 1893, which affirmed a judgment in favor of plaintiffs- entered upon a decision of the court on trial at Special Term. This action is continued here under the above title of the executors of Anne A. Morss against Edward Burns and Charles W. Parker, impleaded with others.
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Appeal by defendants, Burns and Parker, from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 8, 1893, which affirmed a judgment in favor of plaintiffs- entered upon a decision of the court on trial at Special Term. This action is continued here under the above title of the executors of Anne A. Morss against Edward Burns and Charles W. Parker, impleaded with others. Miss Morss, the original plaintiff, died subsequent to the appeal of the above defendants to this court. The action was commenced to foreclose two mortgages upon…
1Opinion of the CourtPeckham, J.
Upon this somewhat complicated state of facts the defendants Charles W. Parker and Edward Burns, upon their appeal here, have argued several objections which they have urged as fatal to the plaintiffs’ judgment herein.
First. It is claimed that the plaintiffs’ testatrix took her mortgages subject to the provisions of the tripartite agreement as a substitute for the $150,000 mortgage above mentioned, and that under that agreement the lands covered by the mortgages were to be sold by Mr. Hawley, and fourteen-twenty-fourths of the proceeds of the sale were to go to Mr. Clapp and the balance to…
2Cases cited4 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Williams v. . TownsendNew York Court of Appeals · 1865
- Tefft v. . MunsonNew York Court of Appeals · 1874
- Jacobie v. . MickleNew York Court of Appeals · 1894
3Cited by18 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Martin v. . Home BankNew York Court of Appeals · 1899
- Brown v. Atlanta National Building & Loan Ass'nSupreme Court of Florida · 1903
- Marlatte v. WeickgenantMichigan Supreme Court · 1907
- Fries v. Clearview Gardens Sixth Corp.Appellate Division of the Supreme Court of the State of New York · 1955
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