Newton v. Kruse
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendant Julia E. Ferguson and the defendant John Henry Kruse, individually and as administrator, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 18th day of November, 1912, upon the decision of the court after a trial at the Erie Special Term.
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Separate appeals by the defendant Julia E. Ferguson and the defendant John Henry Kruse, individually and as administrator, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 18th day of November, 1912, upon the decision of the court after a trial at the Erie Special Term. This action is brought for the foreclosure of a mortgage upon real property, being about twenty-seven acres in the town of Evans, Erie county. On September IT, 1884, Nelson Woodward, being the owner of this tract of land, conveyed it on that…
1Opinion of the Court
Foote, J.:
The principal questions presented are whether the title of defendant Julia E¡ Ferguson by deed from Blakely is subordinate to plaintiff’s mortgage and whether the defendants Kruse have been rightly held liable for .the deficiency, if any there be.
While the learned trial court has held the deed from Vellum, as committee, to Woodward to be wholly void in law, it has, nevertheless, held that the title of defendant Ferguson under her deed from Blakely is subordinate to plaintiff’s mortgage. This upon the ground:
First. That Woodward was estopped by his deed to Kinner to say that he had…
2Cases cited11 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Robertson v. PickrellSupreme Court of the United States · 1883
- Halsey v. ReedNew York Court of Chancery · 1842
- Hamilton v. . WrightNew York Court of Appeals · 1868
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3Cited by2 opinions
- Du Bosque v. MunroeAppellate Division of the Supreme Court of the State of New York · 1915
- Hennig v. SmithNew York Supreme Court · 1915