Murphy v. American Life Insurance & Trust Co.
New York Supreme Court
Motion to dismiss an appeal. A bill to foreclose a mortgage was filed by the respondents against the appellant and his wife, and E. H. Warner, on the 30th January, 1840. The mortgage was executed by Murphy and his wife to Warner, and by the latter assigned to the respondents. On the 25th May, 1840, the bill having been taken as confessed, a decree of sale was made. The counsel of the appellant was present at the making of the decree and made no opposition.
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Motion to dismiss an appeal. A bill to foreclose a mortgage was filed by the respondents against the appellant and his wife, and E. H. Warner, on the 30th January, 1840. The mortgage was executed by Murphy and his wife to Warner, and by the latter assigned to the respondents. On the 25th May, 1840, the bill having been taken as confessed, a decree of sale was made. The counsel of the appellant was present at the making of the decree and made no opposition. The mortgaged premises were advertized to be sold on the eleventh day of August, and on the eighth day of August the respondent’s…
1Opinion of the Court
After advisement, the following opinion was delivered:
By Justice Cowen.
In this case the bill was taken as confessed, and after an account the report of the master was confirmed, and a decree made for a sale, in open court, the counsel for Murphy, the appellant being present, and making no opposition. The latter fact is expressly stated by the affidavit on which the motion is founded, and is not denied by the [ *250 ] *opposing affidavit. The only answer is that the deponent is informed by the solicitor, and believes that the counsel took an objection to the decree asked for. This cannot be…
2Cases cited1 opinion
- KaneCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by5 opinions
- Freeman v. TimanusSupreme Court of Florida · 1868
- Porter Ads. United StatesU.S. Circuit Court for the District of Southern New York · 1877
- New Jersey Building Loan & Investment Co. v. LordSupreme Court of New Jersey · 1904
- Townsend v. SmithSupreme Court of New Jersey · 1858
- Garnsey v. KnightsNew York Supreme Court · 1873