Legal Opinion

Davis v. Garofalo

New York Supreme Court

Decided May 22, 1943Published

1Opinion of the CourtImrie, J.

Plaintiff lias foreclosed a mortgage on property of the defendant. The original mortgage, with its bond, was made by defendant’s father and grantor to plaintiff’s mother and testatrix. Mortgagor owned adjoining lots in “ Columbus Park ” in Schenectady, Nos. 133 and 134, each thirty-one feet in width. The mortgage covered a parcel forty-six and one-half feet wide, being lot 133 and the northerly half of lot 134. Apparently, about the time the mortgage was given, the mortgagor constructed a dwelling house on lot 134, having approximately six and one-half feet on the northerly half of that lot;…

2Cases cited4 opinions

  1. Ogden v. . JenningsNew York Court of Appeals · 1875
  2. Griffiths v. . MorrisonNew York Court of Appeals · 1887
  3. Wilson v. WightmanAppellate Division of the Supreme Court of the State of New York · 1898
  4. Whyte v. . Builders' LeagueNew York Court of Appeals · 1900

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