Connecticut Mutual Life Insurance v. Cornwell
New York Supreme Court
Appeal from special term, Hew York county. Action by the Connecticut Mutual Life Insurance Company against Jacob S. Cornwell, Ann D. Cornwell, Catherine D. Corn-well, and Andrew O. Cornwell, by their guardian ad litem, impleaded with others, to establish a lien in plaintiff’s favor on land on which defendants claim to hold liens.
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Appeal from special term, Hew York county. Action by the Connecticut Mutual Life Insurance Company against Jacob S. Cornwell, Ann D. Cornwell, Catherine D. Corn-well, and Andrew O. Cornwell, by their guardian ad litem, impleaded with others, to establish a lien in plaintiff’s favor on land on which defendants claim to hold liens. From an interlocutory judgment overruling a demurrer to the complaint, defendants Jacob S. Cornwell, Ann D. Cornwell, Catherine D. Cornwell, and Andrew G-. Cornwell appeal.
1Opinion of the CourtFollett, J.
The appellants demurred to the complaint on two grounds: (1) That two causes of action have been improperly united; and (2) that there is a defect of parties defendant, because the former owners of the prior liens sought to be restored and enforced are not made parties. The relief sought by this action is an adjudication that the plaintiff has a lien on the land for $22,000, which it is entitled to enforce as against the borrower and all persons having subsequent liens. It is alleged in the complaint that plaintiff’s right to a lien arose by virtue of a mortgage executed to it July 3, 1889,…
2Cases cited8 opinions
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Lidderdale's Executors v. of RobinsonSupreme Court of the United States · 1827
- Lidderdale v. RobinsonU.S. Circuit Court for the District of Eastern Virginia · 1824
- Ward v. Van BokkelenNew York Court of Chancery · 1830
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3Cited by2 opinions
- Cohn-Baer-Myers & Aronson Co. v. Realty Transfer Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Gerseta Corp. v. Equitable Trust Co.New York Supreme Court · 1924