Archer v. Archer
Appellate Division of the Supreme Court of the State of New York
Appeal . by the plaintiff, Fannie F. Archer, and by the defendant George Archer, individually and as executor and trustee, from an order of the Supreme Court, made at the Rock-land Special Term and entered in the office of the clerk of the county of Rockland on the 15th day of May, 1915, vacating and setting aside judgments in two actions in foreclosure.
1Per curiam
The Special Term on motion has vacated judgments of foreclosure which the Special Term (the same justice presiding) had rendered, and of which one had been affirmed by us. (147 App. Div. 45.) The Special Term recites that it granted the motion because, subsequent to those judgments, it discovered, found and adjudged, in a later action (which involved the same parties), facts which it considers were fatal to the judgments in that the judgments were unnecessary, contrary to law and ki breach of trust, and because those judgments were granted under a complete misapprehension of the “true facts,”…
2Cases cited10 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Clark v. . ScovillNew York Court of Appeals · 1910
- Wetmore v. LawNew York Supreme Court · 1860
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3Cited by3 opinions
- In re the Estate of MillerNew York Surrogate's Court · 1937
- In re City of New York to Acquire Title to East Twenty-Ninth StreetAppellate Division of the Supreme Court of the State of New York · 1936
- Siegel v. StateNew York Court of Claims · 1930