Cromwell v. . MacLean
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 13, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought for the foreclosure of a mortgage. 'The facts, so far as material, are stated in the opinion. The defendant Marie H. McLean was improperly made such, and the complaint should have been ■dismissed as to her.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 13, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought for the foreclosure of a mortgage. 'The facts, so far as material, are stated in the opinion. The defendant Marie H. McLean was improperly made such, and the complaint should have been ■dismissed as to her. (E. F. Co. v. Lenk, 6 Paige, 637; Jones v. St. John, 4 Sandf. Ch. 208; McReynolds v. McManus, 2 Keyes, 214; 3 Barb. Ch.…
1Opinion of the CourtPeckham, J.
First. It is claimed on the part of the defendant Mrs. MacLean that she was improperly made a party to the.action, and that the motion made at the end of the case to dismiss the complaint as to her, should have been' granted on the ground, as therein stated, that her rights under the tax sales and leases set forth in her answer were paramount and adverse to the claim of the plaintiff under his mortgage, and could not, therefore, be adjudicated in a foreclosure action.
Upon the correctness of this abstract proposition, we entertain no doubt, and if the question had been raised in her behalf at…
2Cases cited11 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Spencer v. . MerchantNew York Court of Appeals · 1885
- Ensign v. . BarseNew York Court of Appeals · 1887
- Williams v. Supervisors of AlbanySupreme Court of the United States · 1887
- In Re the New York Institution for the Instruction of the Deaf & DumbNew York Court of Appeals · 1890
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