Legal Opinion

Keyes v. Akins

New York Supreme Court

Decided October 15, 1916Published

" "Motion by plaintiffs for judgment on the pleadings, and demurrers by defendants to the complaint, on the grottnd that it" does not state facts sufficient to constitute á cause of action, and that causes of action have beenúmpropéi’ly united."

1Opinion of the CourtClark, J.

llns action is brought to foreclose several mortgages. Two of them were made by Peter W. Akins and wife, covering" a certain parcel of land in Hornell. Another mortgage was made at a different time, and by different.parties, namely:.by James B. Akins and by'Peter N. Akins and wife, covering a separate and distinct piece of property, which was owned by James B. Akins.

The property described in the first two mortgages was owned by Peter W. and Winifred Akins. Plaintiffs’ testator owned all of these mortgages, and it is sought to foreclose them in one action." It would seem that this cannot be…

2Cases cited1 opinion

  1. Adams v. StevensNew York Court of Common Pleas · 1894

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