Farrar v. Farmers' Loan & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah Jane Farrar, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26th day of June, 1902, upon the report of a referee dismissing the complaint upon the merits.
1Opinion of the Court
¡McLaughlin, J.: .
• This action- was brought to recover from the defendant one-half of the amount paid to satisfy a mortgage upon certain real estate. The issues were referred to a referee to hear and determine, and at the conclusion of the trial he made a report dismissing the complaint upon the merits, upon which judgment was entered to. that effect, from which plaintiff has appealed.
There is no dispute as to the facts. On the 9th of June, 1896, Sarah E. Theall, the mother of this plaintiff and wife of Horace Theall — defendant’s testator — was seized of certain estate in the -city of Hew…
2Cases cited2 opinions
- Wallace v. . StrausNew York Court of Appeals · 1889
- Wright v. . GarlinghouseNew York Court of Appeals · 1863