Frear v. . Sweet
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by defendant, Franklin Sweet, to Francis Creed, hearing date May 1, 1873, to secure the payment of $2,000, in five years thereafter, said sum being a part of the sum of $2,500, the purchase-price of a farm or a lot of land at, that time conveyed by said Creed to said Sweet. The…
1Opinion of the CourtPotter, J.
From the matters alleged in the pleadings, an appellate court would expect that the issue tried would have been, whether the five-acre piece of the lands had been released from or was still subject to, the lien of the mortgage and tliat the findings of the trial court would have indicated a decision of that question. But it will be observed upon reference to the findings in this case, that the trial court did not decide the issue made by the pleadings, but decided quite another and different issue, and that is, that the five-acre piece was not and never was subject to the lien of the…
2Cases cited5 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Marston v. . GouldNew York Court of Appeals · 1877
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Sweet v. . TuttleNew York Court of Appeals · 1856
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
3Cited by56 opinions
- Baily v. . HornthalNew York Court of Appeals · 1898
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Collins v. . ButlerNew York Court of Appeals · 1904
- Gray v. the Janss Investment Co.California Supreme Court · 1921
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