Decker v. . Boice
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 26, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 19 Hun, 152.) This was an action for partition. The facts pertinent to the questions discussed appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 26, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 19 Hun, 152.) This was an action for partition. The facts pertinent to the questions discussed appear sufficiently in the opinion. The agreement between the parties and the equities attending the original transaction attached to and followed the mortgages into the hands of the assignees. (61 N. Y. 104; 64 id. 225, 226; 67 id. 437.)…
1Opinion of the CourtAndrews, J.
The plaintiff claims title to six undivided ninth parts of the premises, of which partition is sought in this action, as purchaser, on a statute foreclosure of two mortgages, dated April 1, 1872, executed by Charles Boice, one to William Henry Boice, and the other to Catherine Decker, each mortgage being on the undivided six-ninths of the premises. The mortgages were recorded December 27, 1872. The mort gage executed to William Henry Boice was assigned by him to one Crossett, November 6, 1873, and the assignment was recorded January 3, 1874, and was afterward assigned by Crossett to one…
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