Baker v. Thomas
New York Supreme Court
Appeal from special term, Oneida county. Action by Philip J. Baker against John B. Thomas and Clinton B. Thomas and others to foreclose a mortgage. There was a judgment for plaintiff, and defendants Thomas appeal.
1Opinion of the CourtMartin, J.
On the 1st day of January, 1875, James Mitchell was the owner of about 268 acres of land, being the premises described in the complaint. On that day he executed a mortgage thereon, in which his wife joined, to Samuel Douglas to secure the payment of $4,000, January 1, 1878. with annual interest. The mortgagee having died, the executor of his estate, on June 8, 1876, assigned the mortgage to Emily Douglas, which assignment was recorded on that day. January 1, 1878, Mitchell and wife, by warranty deed, conveyed to the appellants eight acres of the premises mortgaged. On the same day Emily…
2Cases cited18 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Phelan v. . BradyNew York Court of Appeals · 1890
- Frear v. . SweetNew York Court of Appeals · 1890
- Grimstone v. CarterNew York Court of Chancery · 1831
- Cook v. . TravisNew York Court of Appeals · 1859
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3Cited by2 opinions
- Waldorff Ins. & Bonding v. Eglin Nat. BankDistrict Court of Appeal of Florida · 1984
- Briggs v. ThompsonNew York Supreme Court · 1895