Baker v. Byrn
New York Supreme Court
Appeal from special term, Kings county. Action by James A. Baker against Albert B. Bvrn and others to set aside a judgment of foreclosure and sale of certain premises. From an interlocutory judgment overruling a demurrer to the complaint, defendants appeal. Affirmed.
1ConcurrenceDykman, J.
This is an appeal from a judgment entered upon an order overruling a demurrer interposed by the defendants to the amended complaint of the plaintiff. The demurrer was for insufficiency. The action was brought to set aside as fraudulent a judgment of foreclosure and sale entered in the supreme court in the county of Queens on the 6th day of February, 1888, by the defendant Albert B. Byrn, under which the land of the plaintiff was sold, and the defendant Marcus L. Byrn became the purchaser. The complaint states, substantially, that the plaintiff purchased the lots in 1862, at which time they…
2Cases cited5 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
- Whittlesey v. . DelaneyNew York Court of Appeals · 1878
- Foster v. WoodNew York Court of Chancery · 1822
- New York Central Railroad v. HarroldNew York Supreme Court · 1883