Warmer v. Blakeman
New York Court of Appeals
This is an action brought by the respondents on the 28th day of November, 1859, against the appellants, to set aside two mortgages on the same premises, and the foreclosure of one of them and subsequent conveyances, on the ground that the mortgages had been fully paid and satisfied prior to the foreclosure, and that the foreclosure and sale were fraudulent and void as to the plaintiffs, they being judgment creditors of the mortgagor.
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This is an action brought by the respondents on the 28th day of November, 1859, against the appellants, to set aside two mortgages on the same premises, and the foreclosure of one of them and subsequent conveyances, on the ground that the mortgages had been fully paid and satisfied prior to the foreclosure, and that the foreclosure and sale were fraudulent and void as to the plaintiffs, they being judgment creditors of the mortgagor. All the defendants, except Robert Turner and Hiram Whedon, answered, putting all the main questions in issue. The cause was tried before a referee, at…
1Opinion of the CourtWoodruff, J.
The case herein consists of a statement of the facts which the evidence “ tended to show,” and the finding of the referee thereupon. I discover no finding of fact of which it can be said there was no evidence to establish it. On the contrary, the result of my examination is that the findings are sustained by the evidence, which, according to the statement of the proofs, was given.
¡No question of law, therefore, can be raised warranting us in reviewing the findings of fact stated in the case. The facts must, on this appeal, be taken to be as they are found by the referee.
Without giving the…
2Cases cited1 opinion
- Collumb v. . ReadNew York Court of Appeals · 1862
3Cited by10 opinions
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- Bergin v. HaightCalifornia Supreme Court · 1893
- Whittlesey v. . DelaneyNew York Court of Appeals · 1878
- Mann v. BenedictAppellate Division of the Supreme Court of the State of New York · 1900
- Richardson v. TrimbleNew York Supreme Court · 1885
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