Verity v. Sternberger
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiffs, Laura Verity and another, and by the defendants, Maud M. Sternberger and another, from a judgment of the Supreme .Court, entered in the office of the' clerk of the county of Mew York on the 5th day of July, Í900, foreclosing a mortgage and directing a sale of the premises therein described.
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Cross-appeals by the plaintiffs, Laura Verity and another, and by the defendants, Maud M. Sternberger and another, from a judgment of the Supreme .Court, entered in the office of the' clerk of the county of Mew York on the 5th day of July, Í900, foreclosing a mortgage and directing a sale of the premises therein described. The mortgage, to foreclose which the action is brought, purports to have been given to secure the payment of $10,000. The judgment declares it enforcible only to the extent of $4,000. The plaintiffs appeal upon the ground that the. mortgage should have been declared…
1Opinion of the Court
Laugklin, J.:
The mortgagor, Clarence S. Sternberger, inherited, subject to his mother’s life estate from his father, an- undivided one-eighth interest in four several parcels of land situated in the city of Mew York; an undivided one-sixteenth interest in another parcel of land situ*113ated in said city; and an undivided one-eighth interest in a tract of land situated in New Jersey.
The mortgage in question covered the mortgagor’s interest in these several tracts of land upon which there existed a prior mortgage for $9,000 executed by him, and also a second mortgage for $5,000, also executed by…
2Cases cited4 opinions
- Payne v. . BurnhamNew York Court of Appeals · 1875
- Mason v. AnthonyNew York Court of Appeals · 1867
- Hall v. EarnestNew York Supreme Court · 1861
- Rollins v. BarnesAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by10 opinions
- Angelo v. BrennerAppellate Division of the Supreme Court of the State of New York · 1982
- Kommel v. Herb-Gner Construction Co.New York Court of Appeals · 1931
- DeSimon v. Ogden AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
- Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1915
- U. T. Hungerford Brass & Copper Co. v. BrighamNew York Supreme Court · 1905
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