Milliken v. Golden
New York Supreme Court
Appeal from judgment on report of referee. Action by John H. Hillier against Ellen Golden and William Hastings to enjoin the foreclosure of a mortgage, and to cancel such mortgage and a bond secured thereby.
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Appeal from judgment on report of referee. Action by John H. Hillier against Ellen Golden and William Hastings to enjoin the foreclosure of a mortgage, and to cancel such mortgage and a bond secured thereby. After the action was commenced, both plaintiff and defendant Hastings died, and orders were entered reviving and continuing the same in the name of William T. B. Milliken, as executor of the estate of John H. Hillier, deceased, as plaintiff, and William H. Hastings, as administrator of the estate of William Hastings, deceased, as defendant. From a judgment dismissing the complaint,…
1Opinion of the CourtO’Brien, J.
This action was commenced by John H. Hillier to compel the surrender and cancellation of a bond and mortgage for $4,500, which were executed by him on December 1, 1874, to the defendant Ellen Golden, and to restrain a suit which had been commenced by Ellen Golden against George H. Wooster to foreclose the mortgage. The mortgage covers property on Staten island, which in February, 1877, was conveyed by Hillier, the mortgagor, to George H. Wooster, by a deed containing the usual full *886covenants and warranty. The complaint sets up usury, and alleges that William Hastings was the real party in…
2Cases cited1 opinion
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
3Cited by1 opinion
- Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1914