Morrell v. Dennison
New York Supreme Court
Trial by the court. This action was brought by the plaintiff as administrator of one Talmadge, to foreclose a mortgage paid off some fourteen years since to the executor of the mortgagee.
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Trial by the court. This action was brought by the plaintiff as administrator of one Talmadge, to foreclose a mortgage paid off some fourteen years since to the executor of the mortgagee. The principal facts were, that Talmadge, the mortgagee, died in Hudson, Columbia county, in 1841. His will made the following disposal of his property: He gave a legacy of $5000 to Philip Burrowes ; he gave one half the “ interest, income, rents, or profits” of his property to his wife, for life, in lieu of dower; the other half he directed to he applied, so far as necessary, to the support of his daughter…
1Opinion of the CourtRoosevelt, J.
This is a proceeding—unprecedented, it is believed, in our judicial records—to foreclose a mortgage not in the plaintiff’s possession, and once already paid and satisfied, and delivered up and cancelled, and so entered, more than seventeen years ago, in the books of the register’s office.
Ashbel Dennison, it appears, who is one of the defendants in this suit, on the 29th of December, 1836, executed to the late Theodore B. Talmadge a mortgage for $6000, on a lot in West-street, near Murray-street, in the city of Hew York.
*403Talmadge, who was a young man, a grandson of George Clinton, died about…
2Cited by5 opinions
- Fridley v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1917
- Landon ex rel. Cummins v. CometMichigan Supreme Court · 1886
- Corrigan v. JonesSupreme Court of Colorado · 1890
- Heilman v. JonesNew York Surrogate's Court · 1881
- Crossman v. CrossmanNew York Surrogate's Court · 1882