Betts v. Betts
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hiram W. Betts, from interlocutory judgments of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 17th day of December, 1895, upon the decision of the court rendered after a trial at the Kings County Special Term in each of two actions with the above title.
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Appeal by the defendant, Hiram W. Betts, from interlocutory judgments of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 17th day of December, 1895, upon the decision of the court rendered after a trial at the Kings County Special Term in each of two actions with the above title. Each action was brought to foreclose a mortgage, in regard to which the complaint alleged that the mortgage, and the bond to which it is collateral, had been assigned by the mortgagee and obligee by an instrument in writing to the plaintiff, “ who then…
1Opinion of the CourtWillard Bartlett, J.
These actions were brought by Emma J. Betts, the plaintiff, against Hiram W. Betts, her husband, and other defendants, to foreclose two mortgages on adjoining pieces of property in the city of Brooklyn. By stipulation of counsel they were tried together, and the same questions of law and fact arise in both. The mortgaged property belongs to the defendant Hiram W. Betts, having been acquired by him upon the foreclosure of second mortgages upon the premises. At the time of his purchase the mortgages in suit constituted prior liens. In the year 1875, after such purchase, the defendant Hiram W.…
2Cases cited2 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Bucklin v. BucklinNew York Court of Appeals · 1864
3Cited by3 opinions
- Howell v. RandallNew York Supreme Court · 1901
- Ashforth v. CommissionerUnited States Board of Tax Appeals · 1934
- Ashforth v. CommissionerUnited States Board of Tax Appeals · 1934