Herrmann v. Cabinet Land Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Anna M. Herrmann and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 25th day of September, 1913, granting the motion of the defendant Cabinet Land Company for judgment on the pleadings and for a dismissal of the complaint, and also from the judgment entered in said clerk’s office on the 6th day of October, 1913, upon the said order.
1Opinion of the Court
Jenks, P. J.:
The action is ejectment, and the question is whether the defendant Cabinet Land Company is entitled to the judgment that dismisses the plaintiffs upon the merits. The plaintiffs’ demurrer to th§ said defendant’s second defense was overruled, and thereupon a motion was made for judgment.. In 1874 the land was conveyed to plaintiffs’ intestate, subject to a purchase-money mortgage. In the foreclosure of that mortgage in 1897, an affidavit attached to the judgment roll purported to show personal service of the summons and complaint upon the said intestate in 1899, but the pleadings…
2Cases cited13 opinions
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Brobst v. BrockSupreme Court of the United States · 1871
- Barson v. . MulliganNew York Court of Appeals · 1908
- Phyfe v. RileyNew York Supreme Court · 1836
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
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