Oliver v. French
New York Supreme Court
Appeal from special term, Columbia county. Action by Effie B. Oliver against John W. French, Emma Jane Kenworthy, individually, and as executrix and trustee under the will of Charles W. Kenworthy, deceased, Charles A. Kenworthy, Casper P. Collier, and Edward P. Magoun to have a sale of mortgaged real estate, made under a judgment of foreclosure of the mortgages thereon, set aside and vacated, together with the referee’s deed on such sale, and all subsequent mortgages on and…
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Appeal from special term, Columbia county. Action by Effie B. Oliver against John W. French, Emma Jane Kenworthy, individually, and as executrix and trustee under the will of Charles W. Kenworthy, deceased, Charles A. Kenworthy, Casper P. Collier, and Edward P. Magoun to have a sale of mortgaged real estate, made under a judgment of foreclosure of the mortgages thereon, set aside and vacated, together with the referee’s deed on such sale, and all subsequent mortgages on and conveyances of the premises, and for a resale of such mortgaged premises under such judgment of foreclosure. Defendant…
1Opinion of the CourtMayham, P. J.
This case on appeal contains none of the evidence, and there are no exceptions to the findings of fact or conclusions of law of the learned trial justice on the trial, and the appellants now seek to reverse the judgment solely upon the alleged ground that the conclusions of law of the learned trial judge are not supported by the facts found by him. The appeal is by Charles A. Kenworthy and Emma J. Kenworthy, individually, and as executrix and trustee under the will of Charles W. ICenworthy, deceased. The judgment in this case as to Emma J. Kenworthy, both as an individual and in her…
Also in this document: Concurrence.
2Cases cited2 opinions
- Flake v. . Van WagenenNew York Court of Appeals · 1873
- Trevett v. . BarnesNew York Court of Appeals · 1888
3Cited by4 opinions
- In re the Estate of GrubeNew York Surrogate's Court · 1937
- White v. SebringAppellate Division of the Supreme Court of the State of New York · 1930
- Forgotson v. BeckerAppellate Terms of the Supreme Court of New York · 1903
- Oliver v. FrenchAppellate Division of the Supreme Court of the State of New York · 1896