Sprague v. Cochran
New York Supreme Court
Appeal from special term, Sullivan county. Action by Warner E. Sprague against William B. Cochran to .foreclose a mortgage. After the commencement of this action an application was made by defendant to bring plaintiff into an .action brought by defendant against Antoinette Appley and others, and the motion was granted.
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Appeal from special term, Sullivan county. Action by Warner E. Sprague against William B. Cochran to .foreclose a mortgage. After the commencement of this action an application was made by defendant to bring plaintiff into an .action brought by defendant against Antoinette Appley and others, and the motion was granted. The case of Cochran v. Appley and ■others was tried before a referee, and at its close this case was, by stipulation, submitted to the same referee for hearing and determination on the evidence already taken in the case of Cochran v. Appley and others. A motion to amend the…
1Opinion of the CourtPutnam, J.
The only matter necessary to be considered by us is whether plaintiff’s right to a reformation of the mortgage in suit was barred by the statute of limitations, and, if so, whether such a reformation was necessary to sustain the judgment rendered. It. is suggested that the question involved has not been passed upon by the court of appeals. But there are several well-considered cases in this court holding that an action to reform a deed must be ■brought within 10 years, and we deem it right to follow those de*370cisions. Hoyt v. Putnam, 39 Hun, 402; Oakes v. Howell, 27 How. Pr. 145; Cramer v.…
2Cases cited3 opinions
- Welles v. . YatesNew York Court of Appeals · 1871
- Burnett v. . WrightNew York Court of Appeals · 1892
- Burnett v. WrightNew York Supreme Court · 1892
3Cited by5 opinions
- Hart v. BlabeyNew York Court of Appeals · 1942
- Burlingham v. HanrahanNew York Supreme Court · 1931
- Perry v. FriesAppellate Division of the Supreme Court of the State of New York · 1904
- Hart v. BlabeyAppellate Division of the Supreme Court of the State of New York · 1941
- Perry v. WilliamsNew York Supreme Court · 1903