Murdock v. . Gifford
New York Court of Appeals
Appeal from the Supreme Court. The action was for the foreclosure of a mortgage upon certain real property-known as the Owasco Woolen Factory, in the city of Auburn. The description of the property, as contained in the mortgage, is stated in the following opinion. Gifford, Sherman and Innis, who were made defendants as claiming some lien on or interest in the mortgaged premises, answered the complaint.
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Appeal from the Supreme Court. The action was for the foreclosure of a mortgage upon certain real property-known as the Owasco Woolen Factory, in the city of Auburn. The description of the property, as contained in the mortgage, is stated in the following opinion. Gifford, Sherman and Innis, who were made defendants as claiming some lien on or interest in the mortgaged premises, answered the complaint. Their answer states the recovery of a judgment by them against the mortgagors, the issuing of an execution and the levying thereof upon twenty-five broad looms, situate in the factory building…
1Opinion of the Court
Johnson, Ch. J.
The question in this case is, whether the twenty-five broad looms levied upon under the executions of the defendants, Gifford, Sherman and Tunis, were personal property; or whether, as being part of the realty, they were bound by the lien of the mortgage which the plaintiffs are seeking to foreclose. The mortgage was of “all that estate and real property, known as the Owasco Woolen Factory, situate on the Owasco outlet, in the city of Auburn, county of Cayuga and State of New York, the same being the plot of ground, buildings and water privileges lately owned by the Auburn…
2Cases cited6 opinions
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
- House v. HouseNew York Court of Chancery · 1843
- Farrar v. ChauffeteteNew York Supreme Court · 1848
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Potter v. . CromwellNew York Court of Appeals · 1869
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
39 more not listed; retrieve them via the Exa API.