McMichael v. Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas Russell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Héw York on the 15th day of May, 1901, upon the decision of the court rendered after a trial at the Hew York Special Term.
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Appeal by the defendant, Thomas Russell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Héw York on the 15th day of May, 1901, upon the decision of the court rendered after a trial at the Hew York Special Term. The action was brought to recover damages alleged to have been sustained by breach of a covenant against incumbrances, the complaint averring that the plaintiff purchased of the defendant the-premises 228 Pearl street, and that at the time of the making of the-deed the property was not, as covenanted by the defendant,…
1Opinion of the Court
O’Brien, J.:
The appellant insists that Mrs. Cosgrove had no claim against, the property in question when the $100 was paid to her, because-her right had been, not to recover dower, but to redeem the whole-, of the property from the purchase-money mortgage, and that this *106latter right had lapsed because she did not bring any action within twenty years from the foreclosure sale in 1877 as required by section 379 of the Code of Civil Procedure. We agree with the appellant that Mrs. Cosgrove’s right was one to redeem from the purchase:money mortgage and not to recover dower, and the remaining…
2Cases cited2 opinions
- Taggart v. WadeNew York Supreme Court · 1888
- Campbell v. EllwangerNew York Supreme Court · 1894
3Cited by1 opinion
- MacKenna v. . Fidelity Trust Co.New York Court of Appeals · 1906