Fonda v. Chapman
New York Supreme Court
Appeal from an order granting a temporary injunction. This action was brought to restrain the defendant from proceeding: by.a statutory foreclosure to sell certain real estate formerly belonging to Lewis P. Close, deceased, during the pendency of proceedings before the surrogate, for a sale of the said premises to pay the debt of the said Close.
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Appeal from an order granting a temporary injunction. This action was brought to restrain the defendant from proceeding: by.a statutory foreclosure to sell certain real estate formerly belonging to Lewis P. Close, deceased, during the pendency of proceedings before the surrogate, for a sale of the said premises to pay the debt of the said Close. The defendant claims .under a mortgage executed. by Maria A. Root, daughter and solo heir-at-law of the said Lewis P. Close, which is the mortgage sought to be fore.closed. The plaintiff is a creditor of the said Lewis P. Close, and claims that her…
1Opinion of the Court
Learned, P. J.:
Lewis P. Close died November 30, 1872, intestate, and indebted to the plaintiff on notes, past due. He left surviving Maria A. Hoot, his only child and heir. At his death he was the owner of real estate, which descended to her, and of which she took possession. No letters of administration were issued on his estate until December 30, 1879 ; when they were issued to the plaintiff as a creditor.
On April 29, 1876, Maria A. Hoot executed a mortgage to Orton J. Brown, on a part of the real estate, which had thus descended to her. Brown assigned the same to Chapman, and on January…
2Cases cited10 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Mooers v. WhiteNew York Court of Chancery · 1822
- Hyde v. TannerNew York Supreme Court · 1847
- Covell v. WestonNew York Supreme Court · 1823
- Ferguson v. BroomeNew York Surrogate's Court · 1849
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