Andrews v. Townshend
The Superior Court of New York City
Verdict for plaintiff, subject to opinion of general term. Action in ejectment, for the recovery of certain lots of land, formerly a part of Harlem commons.
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Verdict for plaintiff, subject to opinion of general term. Action in ejectment, for the recovery of certain lots of land, formerly a part of Harlem commons. A verdict for the plaintiff was rendered by instructions from the court, and an order was subsequently made under stipulation of counsel that the verdict should be set aside, and that a verdict should be entered for the plaintiff, subject to the opinion of the general term, that Elizabeth B. Andrews, an infant, is the owner of the real estate described in the amended complaint, and that the plaintiff,, as guardian, is entitled to the…
1Opinion of the Court
By the Court.—O’Gorman, J.
Both the plaintiff and the defendants claim title, but in different ways, through William C. H. Waddell, general assignee in bankruptcy, and receiver of the assets of Ebenezer L. Williams, a bankrupt, deceased.
The real estate here in dispute, belonged to this Ebenezer Williams before his bankruptcy, in 1843, and had been mortgaged by him for the sum of $750, to John Finley and Benjamin Andrews, both deceased, and the main question in this case is, whether or not an action to foreclose that mortgage, brought by the executors of Benjamin Andrews, against the said…
2Cases cited5 opinions
- Eyster v. GaffSupreme Court of the United States · 1876
- Cagger v. . LansingNew York Court of Appeals · 1876
- Bosworth v. . VandewalkerNew York Court of Appeals · 1873
- Read v. . FrenchNew York Court of Appeals · 1863
- Storm v. WaddellNew York Court of Chancery · 1845