Pope v. . Mead
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, entered upon an order made December 12, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was for the foreclosure of a mortgage. In 1856 John P. Iiopke died, intestate, seized of the mortgaged premises and of other real estate, and leaving the plaintiff and three children him surviving.
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Appeal from judgment of the General Term of the Supreme Court, entered upon an order made December 12, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was for the foreclosure of a mortgage. In 1856 John P. Iiopke died, intestate, seized of the mortgaged premises and of other real estate, and leaving the plaintiff and three children him surviving. In 1874 plaintiff and one of the heirs joined in a conveyance of their interests in the premises in question to the other two heirs, who executed to plaintiff the mortgage in suit to secure the…
1Per curiam
The claim of the appellant to appropriate the value of the plaintiff’s dower-right to the payment of his judg ment against Henry Ropke is without a shadow of equity and should not be permitted to prevail upon any technical or narrow view of the principles of law applicable to this case. She must stand upon precisely the same equities which she would have if, instead of assigning or releasing her dower interest, she had conveyed land and taken the mortgage for the purchase-money thereof; and in that event it is well settled that her mortgage would have been a paramount lien to the appellant’s…
2Cases cited6 opinions
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
- Payne v. . BeckerNew York Court of Appeals · 1881
- Jackson ex dem. Beebe v. AustinNew York Supreme Court · 1818
- Flagg v. . MungerNew York Court of Appeals · 1854
- Van Vleet v. SlausonNew York Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Morris v. GlaserNew Jersey Court of Chancery · 1930
- McMahon v. GrayMassachusetts Supreme Judicial Court · 1889
- Howell v. NewmanNew York Supreme Court · 1891
- Shilowitz v. WadlerAppellate Division of the Supreme Court of the State of New York · 1932
- Sommer v. Bavarian Star Brewing Co.New York Court of Common Pleas · 1894
8 more not listed; retrieve them via the Exa API.