Nickell v. Tracy
Appellate Division of the Supreme Court of the State of New York
Appeal-by the plaintiff, Ida E. Nick ell, from a judgment of "the Supreme Court in favor of the .defendants, entered in the office of the clerk of the county of Genesee on the 5th day of March, 1904, upon the decision of the court, rendered after a trial at the Genesee Special Term, dismissing the plaintiff’s complaint.
Read the full summary
Appeal-by the plaintiff, Ida E. Nick ell, from a judgment of "the Supreme Court in favor of the .defendants, entered in the office of the clerk of the county of Genesee on the 5th day of March, 1904, upon the decision of the court, rendered after a trial at the Genesee Special Term, dismissing the plaintiff’s complaint. The action was commenced on the 16th day of September, 1902, to foreclose a certain mortgage bearing date October 1, 1849, and duly recorded in the clerk’s office of Genesee county on the twenty-second day of the same month ;- it was duly made and executed by Jonathan Boydén…
1Opinion of the Court
McLennan, P. J.:
The mortgage covered and was a lien or was intended to be upon the premises described in the complaint, which consisted of a house and lot situate in the town of Darien in the county of Genesee, M. Y. In the year 1851 one Evan Rice purchased the mortgaged premises from Boyden, the mortgagor; Ric.e did not assume the payment of the mortgage; his title, however, was warranted free and clear from all incumbrances except it. He immediately went into possession of and continued to occupy the same until his death which occurred in Í854. He died intestate and left him surviving his…
2Cases cited7 opinions
- Murdock v. . WatermanNew York Court of Appeals · 1895
- Boughton v. HarderAppellate Division of the Supreme Court of the State of New York · 1899
- Ætna Life Insurance v. McNeelyIllinois Supreme Court · 1897
- de St. Laurent v. SlaterAppellate Division of the Supreme Court of the State of New York · 1897
- Mack v. . AndersonNew York Court of Appeals · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Weber v. International Railway Co.New York Supreme Court · 1907