Swarthout v. . Curtis
New York Court of Appeals
Bill filed in 1845, to set aside a satisfaction piece, and satisfaction of a mortgage, which had been entered of record, and to foreclose the mortgage. In September, 1847, the supreme court, in special term, on pleadings and proofs, made a decree setting aside the satisfaction piece, and the entry of satisfaction of record; declaring the mortgage a valid security, and directing a foreclosure in the usual form.
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Bill filed in 1845, to set aside a satisfaction piece, and satisfaction of a mortgage, which had been entered of record, and to foreclose the mortgage. In September, 1847, the supreme court, in special term, on pleadings and proofs, made a decree setting aside the satisfaction piece, and the entry of satisfaction of record; declaring the mortgage a valid security, and directing a foreclosure in the usual form. It was referred to the county judge to compute and ascertain the amount due on the mortgage ; and on the coming in and confirmation of his report, the premises were to he sold, and the…
1Opinion of the Court
Bronson, Ch. J.
As no question was reserved, and nothing remained to be done beyond computing the amount due on the mortgage, the decree was final within the meaning of that term under the former practice, although questions might possibly arise on the reference which would bring the cause again before the court. But we think the decree was not final, for the purposes of an appeal, under the present practice. It is the policy of the code to allow only one appeal to this court in the same cause; which can not be brought until after the suit is at an end in the court of original jurisdiction.…
2Cited by11 opinions
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- Acer v. . WestcottNew York Court of Appeals · 1871
- Friedman v. FriedmanSupreme Court of Oklahoma · 1928
- Arnold v. SinclairMontana Supreme Court · 1892
- In re the Estate of GrubeNew York Surrogate's Court · 1938
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