Cowan v. Davenport
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Davenport, Sr., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 6th day of July, 1897, upon the decision of the court rendered after a trial at the Delaware Special Term.
1Opinion of the Court
Putnam, J.:
This action was brought to foreclose a mortgage executed by John Davenport, Sr., and wife, to Robert T. Hume, to secure the payment ' of a bond for the sum of $4,000, made by said John Davenport, Sr. After the giving of the mortgage Robert T. Hume died, leaving a last will and testament, and the plaintiff being named therein as executor duly qualified as such! On July 6, 1896, the mortgagors conveyed the mortgaged premises to the defendant Clayton Weeks, who assumed the payment thereof, and the latter afterwards conveyed said -land to the defendant Louise Weeks, who also assumed…
2Cases cited4 opinions
- Pinney v. . OrthNew York Court of Appeals · 1882
- In Re the Probate of the Will of BernseeNew York Court of Appeals · 1894
- Lewis v. . MerrittNew York Court of Appeals · 1885
- Greer v. GreerNew York Supreme Court · 1890
3Cited by2 opinions
- Hamlin v. StevensAppellate Division of the Supreme Court of the State of New York · 1901
- Kissinger v. QuirinAppellate Division of the Supreme Court of the State of New York · 1923