Hopkins v. Baker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Eustis L. Hopkins and others, as executors, etc., from a judgment of the Supreme Court in favor of the defendants,, entered in the office of the clerk of the county of New York on the. 9th day of August, 1909, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint.
1Opinion of the Court
Dowling, J.:
This action is brought to foreclose a mortgage made by defendant Sarah Y. Baber to John Haven, now deceased, to secure payment of the sum of $2,000, with interest, being a purchase-money mortgage covering premises situate in the city of Hew York, and distinguished as lot Ho. 240 upon a map entitled “ Map of 40 acres of land situated in the 12th Ward of the City of Hew York, part of the estate of Isaac Dyckman, dec., known as the ‘part 2nd of the Dyckman Homestead Property.’ ”
While the'mortgage purports to cover “all the right, title, interest and estate which Isaac Dyckman had in…
2Cases cited2 opinions
- De Garmo v. . PhelpsNew York Court of Appeals · 1903
- Lowber v. KellyThe Superior Court of New York City · 1861
3Cited by3 opinions
- Mackenzie v. AugimeriAppellate Division of the Supreme Court of the State of New York · 1924
- Collins v. Buffalo, Lockport & Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Second National Bank of Cooperstown v. CalvertNew York Supreme Court · 1934