Ettenheimer v. Heffernan
New York Supreme Court
APPEAL, by the defendants, from a judgment of foreclosure and sale. On the 2d March, 1857, Vincent Trafford was owner in fee of a farm of land in the town of Lewiston, in the county of Niagara, containing 153 acres of land, and being indebted to the defendant in the sum of $6,000, gave to him a bond conditioned for the payment of said sum in ten annual instalments from the date of said bond, with interest semi-annually; and to secure the payment of said sum he and his wife…
Read the full summary
APPEAL, by the defendants, from a judgment of foreclosure and sale. On the 2d March, 1857, Vincent Trafford was owner in fee of a farm of land in the town of Lewiston, in the county of Niagara, containing 153 acres of land, and being indebted to the defendant in the sum of $6,000, gave to him a bond conditioned for the payment of said sum in ten annual instalments from the date of said bond, with interest semi-annually; and to secure the payment of said sum he and his wife executed and delivered to the defendant a mortgage on said land, which mortgage became a lien thereon. Trafford devised…
1Opinion of the Court
By the Court,
Mullin, P. J.
A vast and very interesting field is opened for discussion by the points of the respective counsel in this case, but it is not, in our view of the case, necessary to enter upon it.
The defence must fail if either of two propositions can be held to be established. These are,
1st. That the defendant Heffernan has no interest in the land entitling him to demand an assignment of the mortgage; or,
2d. That the title in the state was perfect on the death of Mrs. T. without proceedings to perfect the escheat.
The statutes which enable resident aliens to take and hold real…
2Cases cited3 opinions
- Wright v. . SaddlerNew York Court of Appeals · 1859
- Jackson, ex rel. Smith v. AdamsNew York Supreme Court · 1831
- McCaughal v. RyanNew York Supreme Court · 1857
3Cited by6 opinions
- Wunderle v. WunderleIllinois Supreme Court · 1893
- In re the Estate of OwenNew York Surrogate's Court · 1932
- McCormack v. . CoddingtonNew York Court of Appeals · 1906
- In re ClarkeAppellate Division of the Supreme Court of the State of New York · 1909
- People v. TroupeAppellate Division of the Supreme Court of the State of New York · 1916
1 more not listed; retrieve them via the Exa API.