Griswold v. Caldwell
New York Court of Common Pleas
Appeal from special term. Action by Maud A. Griswold against Meta J. B. Caldwell, individually and as trustee under the will of Stacy Pitcher, deceased, and others, to foreclose a mortgage. Pending the action Meta J. B. Caldwell resigned the office of trustee, and Franklin Bien was appointed by the court as substituted trustee. From an order granting the motion of the substituted trustee to be brought in as a party defendant, plaintiff appeals. Reversed.
1Opinion of the CourtBischoff, J.
The action is for the foreclosure of a mortgage on real property, and at the time of its inception the equity of redemption was in Meta J. B. Caldwell, as trustee under the will of Stacy Pitcher, deceased. Mrs. Caldwell was made a party de*1058fendant as such trustee, and was named as such in the summons, complaint, and notice of pendency of the action which was filed. After having defaulted in pleading in this action, and in proceedings instituted in the supreme court for her removal as such trustee, she resigned her trust, and conveyed the mortgaged property to Franklin Bien, as trustee…
2Cases cited9 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Cuthbert v. . ChauvetNew York Court of Appeals · 1893
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
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3Cited by8 opinions
- Callanan v. Keeseville, Ausable Chasm, Lake Champlain RailroadNew York Supreme Court · 1905
- White v. HardyNew York Supreme Court · 1943
- Anaud Viuda de Blanco v. MuñozSupreme Court of Puerto Rico · 1926
- Callanan v. Keeseville, Ausable Chasm & Lake Champlain RailroadNew York Supreme Court · 1905
- Anaud-Blanco v. District Court of San JuanSupreme Court of Puerto Rico · 1926
3 more not listed; retrieve them via the Exa API.