Collier v. Miller
New York Supreme Court
Appeal from circuit court, Columbia county. Action by Mary T..Collier against Emeline Miller in her own right as legatee, and also as executrix, of Allen S. Miller, deceased, Peter S. Anderson, Eugene Stupplebeen, and others, defendants.
1Opinion of the CourtLearned, P. J.
The plaintiff commenced the foreclosure of a mortgage. Certain defendants, Miller and others, set up that another mortgage on the same premises, held by one Anderson, not then a party, was a concurrent lien with plaintiff’s mortgage, and that Anderson should be made a party. Thereupon the plaintiff served an amended complaint, setting out further facts, and the claim of Miller and others, defendants, and averring that the plaintiff had not sufficient knowledge to form an opinion whether said Anderson’s mortgage was a prior or a concurrent lien. The plaintiff made Anderson a party. On the…
2Cases cited4 opinions
- Greene v. . WarnickNew York Court of Appeals · 1876
- Freeman v. SchroederNew York Supreme Court · 1864
- Granger v. . CrouchNew York Court of Appeals · 1881
- Jones v. PhelpsNew York Court of Chancery · 1847
3Cited by4 opinions
- In re the Estate of BaldwinNew York Surrogate's Court · 1935
- Wicks v. CarmichaelNew York Supreme Court · 1939
- Field v. Israel Suchman Corp.New York Supreme Court · 1929
- Mertens v. RocheAppellate Division of the Supreme Court of the State of New York · 1899