Albany Exchange Savings Bank v. Brass
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William C. Brass and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 4th day of October, 1899, upon the reports of a referee. The action is brought by the plaintiff to foreclose two mortgages given by Anna Stahl and Lewis Stahl, her husband, on premises in Albany, N. Y., known as No. 538 Broadway.
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Appeal by the defendants, William C. Brass and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 4th day of October, 1899, upon the reports of a referee. The action is brought by the plaintiff to foreclose two mortgages given by Anna Stahl and Lewis Stahl, her husband, on premises in Albany, N. Y., known as No. 538 Broadway. On the 5th day of July, 1838, Gertrude Treat was the owner in fee of the lands in controversy in this action. At that time she had one son, Richard J. Treat. Her only other child,…
1Opinion of the Court
Chase, J.:
We assume for the purposes of this opinion that the trusts created by the deed from Gertrude Treat to John W. Bay of July 5, 1838, were never legally released or abandoned. Under that deed title to the property described therein was vested in the grandchildren of Gertrude Treat subject to the trusts in and by said deed created and also subject to being entirely defeated by the exercise by John W. Bay of the power of sale contained in said trust deed. The defendants in this action were not parties to that trust deed and John W. Bay was not a trustee for them. All of the parties to…
2Cases cited3 opinions
- Kirsch v. . TozierNew York Court of Appeals · 1894
- Bradley v. . WalkerNew York Court of Appeals · 1893
- Mills v. MillsAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Costello v. . CostelloNew York Court of Appeals · 1913