Parkinson v. . Sherman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term striking out parts of the answer of defendant Mary A. Sherman as frivolous. This was an action for the foreclosure of a mortgage executed by defendants Jacobson and wife to plaintiff.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term striking out parts of the answer of defendant Mary A. Sherman as frivolous. This was an action for the foreclosure of a mortgage executed by defendants Jacobson and wife to plaintiff. The complaint alleged a conveyance of the mortgaged premises by the mortgagors to defendant Sherman, subject to the mortgage, and that in and by the deed to her she, as part of the consideration, assumed and agreed to pay the mortgage, and judgment was asked against her for any…
1Opinion of the CourtMiller, J.
The defendant purchased the premises described in the mortgage of one Jacobson, having agreed to assume the payment of the mortgage now sought to be foreclosed ; and judgment is claimed against her for any deficiency which may arise upon the foreclosure sale. The answer of the defendant, which has been stricken out, sets up as a defense that Jacobson obtained a conveyance of the premises by means of proceedings to sell the real estate of an infant, who, it was alleged, was the owner of the premises by reason of the death of his father, sufficient proof being given to establish such death. It…
2Cases cited7 opinions
- Freeman v. . AuldNew York Court of Appeals · 1870
- Simers v. SaltusNew York Supreme Court · 1846
- Edwards v. BodineNew York Supreme Court · 1841
- Waldron v. M'CartyNew York Supreme Court · 1808
- Matter of PriceNew York Court of Appeals · 1876
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