Clute v. . Clute
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 18, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee. There is no evidence in the case that any payments have been made by way of principal or interest upon the mortgage by any of the defendants within twenty years preceding the commencement of this action.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 18, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee. There is no evidence in the case that any payments have been made by way of principal or interest upon the mortgage by any of the defendants within twenty years preceding the commencement of this action. (Baldwin v. Martin, 14 Abb. [N. S.] 79; Hulbert v. Nichol, 20 Hun, 454; Mason v. Henry, 152 N. Y. 529; Wood on Limitations [3d ed.], 347; Murphy v. Walsh, 113 App. Div. 430; Adams v. Olin,…
1Opinion of the CourtHaight, J.
This action was brought to foreclose a mortgage. On the 4th of September, 1873, William Clute conveyed his farm in Albany county to his son John W. Clute, who, on the same day, executed and delivered to his father a purchase-money mortgage for the sum of $10,000 payable in eight years from the date thereof, with interest, which mortgage was recorded in the Albany county clerk’s office in Book Bo. 222 of Mortgages at page 50. William Clute died January 21, 1878, leaving no assets other than the mortgage in question, and leaving a last will and testament which was duly-admitted. to probate, in…
2Cases cited14 opinions
- Ford v. . KnappNew York Court of Appeals · 1886
- Murdock v. . WatermanNew York Court of Appeals · 1895
- Dubois v. CampauMichigan Supreme Court · 1872
- Richmond v. AikenSupreme Court of Vermont · 1853
- Hollister v. YorkSupreme Court of Vermont · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- D.C. Roberts v. A.S. RobertsTexas Supreme Court · 1941
- Baird v. MooreNew Jersey Superior Court Appellate Division · 1958
- Delk v. Markel American Insurance Co.Supreme Court of Oklahoma · 2003
- In re the Accounting of Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Magee v. MageeMassachusetts Supreme Judicial Court · 1919
19 more not listed; retrieve them via the Exa API.