Clapp v. . McCabe
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered February 16, 1895, affirming a judgment in favor of plaintiff entered upon the report of a referee. This was an action in ejectment to recover the possession of an undivided one-seventh part of certain lands situate in the town of Mamaroneck, in the county of Westchester. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered February 16, 1895, affirming a judgment in favor of plaintiff entered upon the report of a referee. This was an action in ejectment to recover the possession of an undivided one-seventh part of certain lands situate in the town of Mamaroneck, in the county of Westchester. The facts, so far as material, are stated in the opinion. The action to foreclose the mortgage was brought and maintained throughout upon the theory that the release left subject to the mortgage the premises that…
1Opinion of the CourtO’Brien, J.
When the legal question in this case is reached through a series of facts somewhat complicated it will be found to be merely a dispute concerning the construction and effect of a judgment in an action to foreclose a mortgage. That the plaintiff became vested with the title to the real property, which is the subject of the action, under the will of his father, who died January 5th, 1880, seized of the premises, is not disputed. The only question is whether the unquestionable title so derived has been divested by force of the judgment subsequently entered in the foreclosure action.
It appears…
2Cases cited3 opinions
- Masten v. . OlcottNew York Court of Appeals · 1886
- Laverty v. . MooreNew York Court of Appeals · 1865
- Peck v. New York & New Jersey Railway Co.New York Court of Appeals · 1881
3Cited by27 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- In Re the Accounting of HaleNew York Court of Appeals · 1931
- Jasper v. . RozinskiNew York Court of Appeals · 1920
- Sivakoff v. SivakoffAppellate Division of the Supreme Court of the State of New York · 1952
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