Winfield v. Stacom
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John H. Murphy, and the claimant,. Frederick P. Forster, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Westchester on the 23d day of February, 1899, upon the report of a referee, directing the partition and sale of certain premises, and also from an order made at the Westchester Special Term and entered in the said clerk’s office on the 10th day of February, 1899, denying their motion to…
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Appeal by the defendant, John H. Murphy, and the claimant,. Frederick P. Forster, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Westchester on the 23d day of February, 1899, upon the report of a referee, directing the partition and sale of certain premises, and also from an order made at the Westchester Special Term and entered in the said clerk’s office on the 10th day of February, 1899, denying their motion to bring on for a hearing exceptions filed by them to said referee’s report.
1Opinion of the Court
Hatch, J.:
The action being at issue, the usual order of reference was made to ascertain and report the rights, shares and interests of the several parties to the action and whether the land should be partitioned or *96sold, etc. Upon the hearing before the referee it appeared that the respondent Stacom had previously held a mortgage upon the premises, which mortgage she had released, executed a satisfaction thereof, •and, in place of the same, had taken from the mortgagors an agreement constituting her the attorney in fact of said persons to collect ■and receive the purchase price of any part of…
2Cases cited4 opinions
- Johnston v. . DonvanNew York Court of Appeals · 1887
- Halsted v. . HalstedNew York Court of Appeals · 1874
- Uhlfelder v. TamsenAppellate Division of the Supreme Court of the State of New York · 1897
- Doremus v. DoremusNew York Supreme Court · 1894
3Cited by4 opinions
- Van Etten v. Sphinx Holding Corp.New York Supreme Court · 1921
- Corbett v. FlemingAppellate Division of the Supreme Court of the State of New York · 1909
- Lowenstein v. ReikesNew York Supreme Court · 1931
- Draper v. PrattNew York Supreme Court · 1904