Ketcham v. . Deutsch
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 23,1912, affirming a judgment entered upon a decision of the court on trial at Special Term in an action to foreclose mortgages upon real property. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 23,1912, affirming a judgment entered upon a decision of the court on trial at Special Term in an action to foreclose mortgages upon real property. The facts, so far as material, are stated in the opinion. The fact that Henry Marsh acted as agent for the widow and children of Eli Bennett, the deceased mortgagee, when he purchased the premises on the foreclosure sale of 1894, and not as agent for Eli Bennett’s administratrix, has been settled beyond dispute by the…
1Opinion of the CourtMiller, J.
The action is brought to foreclose two mortgages for the principal sums of $2,000 and $400 respectively on a farm in Suffolk county. The $2,000 mortgage was given by the defendant Deutsch to one Bennett on January 21th, 1892. The $400 mortgage was then on the premises. Bennett died. His widow as administratrix attempted to foreclose the $2,000 mort gage by advertisement. One Marsh purchased at the foreclosure sale as agent for the widow and the heirs and deeded the property to them. They joined in a deed to a son of Bennett and he deeded to Nathaniel Ketcham. Ketcham paid off the $400…
2Cases cited8 opinions
- Blood v. . KaneNew York Court of Appeals · 1892
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Robinson v. . RyanNew York Court of Appeals · 1862
- Townshend v. . ThomsonNew York Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Johnson v. FriersonCourt of Appeals of Texas · 1939
- Buck v. Kelly, New York County Courts1919