Gibson v. . Thomas
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 7, 1903, -affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 7, 1903, -affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The plaintiff, as the assignee of a mortgage, affecting a certain farm property through which the road of the Ulster & Delaware Railroad Company runs, sought, by this action in foreclosure, to compel the payment of - the principal sum due under the mortgage. The defense was made, in the railroad company’s answer, that the land occupied by its railroad ivas not…
1DissentHaight, J.
I think this judgment should be reversed. I concur in the opinion of O’Bkien, J., but wish to add thereto an additional reason. The trial court held that the possession and occupation by the railroad company of the strip of land in dispute was not inconsistent with the existence of the lien of the mortgage; or, in other words, that its occupancy and possession were subject to the mortgage. In this, I think, the trial court erred. The records of the county clerk’s office disclosed the fact that the railroad company held title through a deed executed by George A. Thomas and wife, who were then…
2Cases cited1 opinion
- Briggs v. ThompsonNew York Supreme Court · 1895