Katz v. . Kaiser
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 30, 1896, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 30, 1896, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Whatever the intention of ¡Roberts may have been with respect to the premises to be covered by the mortgage to the Mutual Life Insurance Company, nothing passed to the mortgagee under said, mortgage except what was described therein. (Thayer v. Finton, 108 N. Y. 391;…
1Opinion of the CourtBartlett, J.
The plaintiffs, vendors of real estate, seek in this action to compel a specific performance of the contract by the defendant, the purchaser of No. 747 East Ninth street, New York.
Three objections were made to the title, viz., an old unsatisfied mortgage, encroachment of one-half inch on the street and encroachment of half an inch on adjoining lot on the west, in the rear. The trial court found, upon sufficient evidence, that the mortgage does not constitute an incumbrance upon the premises and is presumed to have been paid. Also that the structure upon the premises does not encroach upon the…
2Cases cited8 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Sherman v. . KaneNew York Court of Appeals · 1881
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Reed v. . FarrNew York Court of Appeals · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Holmes v. JudgeUtah Supreme Court · 1906
- Klinkner v. SchmidtSupreme Court of Iowa · 1901
- Montana Mining Co. v. St. Louis Min. & Mill Co. of MontanaCourt of Appeals for the Ninth Circuit · 1910
- Kaneb v. LamayAppellate Division of the Supreme Court of the State of New York · 2009
- Fisher v. MacVeanAppellate Division of the Supreme Court of the State of New York · 1966
23 more not listed; retrieve them via the Exa API.