Boughton v. Harder
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, George Van Yalkenburgh, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer- on the 11th •day of October, 1899, upon the decision' of the court rendered .after a trial before the court and a jury at the.
Read the full summary
• Appeal by the defendant, George Van Yalkenburgh, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer- on the 11th •day of October, 1899, upon the decision' of the court rendered .after a trial before the court and a jury at the. Rensselaer'Trial Term, no question having been submitted to .the jury for their determination, and also from an order entered in said-clerk’s office on the 12tli day of October, 1899, denying the said' defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Landon, J.:
The mortgage which the plaintiff seeks to foreclose was given April 27, 1861, by Nicholas S. Miller upon three parcels of land of which lie was the owner, to Peter I. Stophilbeen. to secure the payment of Miller’s bond for $2,835 and interest. The appellant insists that as against parcels 1 and -2 the plaintiff’s remedy is barred by the Statute of. Limitations. The mortgage became due April 1, 1875. This action was commenced in September, 1899.-
Miller, by deed executed April 1, 1865, conveyed parcel 3 to George Trosspar for the consideration"-of $10,428.65, subject to the mortgage…
2Cases cited3 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Murdock v. . WatermanNew York Court of Appeals · 1895
- Fowler v. WoodNew York Supreme Court · 1894
3Cited by14 opinions
- Davis v. KleindienstArizona Supreme Court · 1946
- Kite v. EckleyIdaho Supreme Court · 1929
- Clement v. RL Burns Corp.Mississippi Supreme Court · 1979
- Turner v. PowellMontana Supreme Court · 1929
- Mack v. . AndersonNew York Court of Appeals · 1901
9 more not listed; retrieve them via the Exa API.