Mills v. . Mills
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the fifth judicial .department, entered upon an order made April 14, 1888, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of tlie General Term of the Supreme Court in the fifth judicial .department, entered upon an order made April 14, 1888, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought for an accounting by the defendant for moneys received by him on the sale of lands in Ohio and Illinois, and upon a certain mortgage upon lands in Ohio, alleged in the complaint to have been held by the defendant • as security for money loaned by the defendant to his brother, plaintiff’s intestate. The answer denies the allegations of…
1Opinion of the CourtEarl, J.
The sole question for our determination is whether the -plaintiff’s cause of action was barred by the statute of limitations, and we are of opinion that 4t clearly was. The absolute title to the lands was vested in the defendant, evidently with the intention that he might sell them and reimburse himself and pay over any surplus to his brother. Long before his brother’s death, he had sold all the lands, and received more than sufficient for his reimbursement. After the sale of the lands, he ceased to be mortgagee. He must be deemed to have sold the lands for the satisfaction of his mortgage,…
2Cases cited6 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Rundle v. . AllisonNew York Court of Appeals · 1866
- Stacy v. . GrahamNew York Court of Appeals · 1856
- Diefenthaler v. Mayor of New YorkNew York Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Scheuer v. ScheuerNew York Court of Appeals · 1955
- Keys v. LeopoldNew York Court of Appeals · 1925
- Wood v. . YoungNew York Court of Appeals · 1894
- Adams v. . OlinNew York Court of Appeals · 1893
52 more not listed; retrieve them via the Exa API.