Same v. Same
The Superior Court of New York City
This was an action of ejectment. It appeared that Francis Kain, being the owner of an undivided one-half part of premises situate the corner of Greenwich and Reade streets, mortgaged the same, and afterwards died intestate. . The undivided half of the premises claimed in this action, descended to his brother, William Kain, subject to the dower of the-widow of the said Francis Kain, and to the payment of the said mortgage.
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This was an action of ejectment. It appeared that Francis Kain, being the owner of an undivided one-half part of premises situate the corner of Greenwich and Reade streets, mortgaged the same, and afterwards died intestate. . The undivided half of the premises claimed in this action, descended to his brother, William Kain, subject to the dower of the-widow of the said Francis Kain, and to the payment of the said mortgage. William Kain conveyed his interest to Augustus W. Clason, the plaintiff. In December, 1846, Mary Ver. Yeelan, surviving executor of Henry Ver Yeelan, deceased, being the…
1Opinion of the Court
By the Court.
Duer, J.
Nearly the entire argument, on the part of the plaintiff, rests upon the assertion that the vice chancellor of the second circuit had no jurisdiction of the suit in which the decree of foreclosure and sale was pronounced, and, consequently, that the decree itself, and all the proceedings under it, are wholly void.
It is useless to consider whether, even, upon the supposition that the decree was invalid, the plaintiff would be entitled to recover in the present suit, since we are clearly of opinion, that the single fact that some of the defendants resided within the circuit…
2Cases cited3 opinions
- Bank of Orleans v. SkinnerNew York Court of Chancery · 1841
- Burckle v. EckartNew York Supreme Court · 1846
- In re the Receivers of the Globe InsuranceNew York Court of Chancery · 1836