Witherell v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward J. Kelly, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of May, 1920, upon the decision of the court rendered after a trial at the Kings Special Term.
1Opinion of the Court
Jenks, P. J.:
The defendant, a resident of New York, owned a country house in Greenwich, Conn., bought in 1908 for $100,000, of which $40,000 was in cash and $60,000 was secured by mortgage. In 1915 or 1916 he was in arrears for the taxes and the interest on the mortgage. In 1918 the mortgagee, this plaintiff, began foreclosure. In general, the practice in. Connecticut is strict foreclosure. If, however, any party to the action moves therein for foreclosure by sale, the court decrees it and appoints both appraisers of the value of the realty in view of the sale, and a committee to conduct the…
2Cases cited9 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
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3Cited by15 opinions
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- Fried v. FisherSupreme Court of Pennsylvania · 1937
- Vogel v. ShawWyoming Supreme Court · 1930
- Murphy v. GutfreundDistrict Court, S.D. New York · 1984
- Martell v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
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