Weaver v. . Haviland
New York Court of Appeals
Appeal from judgment of the General -Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Statute of Limitations is a bar to this action. (Code Civ.
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Appeal from judgment of the General -Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Statute of Limitations is a bar to this action. (Code Civ. Pro. § 382; Roberts v. Ely, 113 N. Y. 128; Chapman v. Forbes, 123 id. 532; Mills v. Mills, 115 id. 80 ; Morris v. Budlong, 78 id. 558 ; Root v. French, 13 Wend. 570.) The Statute of Limitations is…
1Opinion of the Court
Andrews, Ch. J.
This is a judgment creditor’s action, and the only defense relied upon at the trial was the Statute of Limitations. The action was commenced Feby. 13th? 1892. It appears from the pleading’s that Phebe Ilaviland, mother of the defendant, took under the will of her husband, who died Sept. 17tli, 1878, the use of his real estate and the income of his personal property for life. Ilis real estate consisted of a house and lot in Geneva, in this state, and he held a mortgage on lauds in Michigan, executed by Henry S. Weaver and wife. On the 13th day of April, 1880, Phebe Haviland, as…
2Cases cited5 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Carr v. . ThompsonNew York Court of Appeals · 1881
- Reubens v. . JoelNew York Court of Appeals · 1856
- Decker v. . DeckerNew York Court of Appeals · 1888
- Gates v. . AndrewsNew York Court of Appeals · 1868
3Cited by16 opinions
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- Cortez v. VogtCalifornia Court of Appeal · 1997
- Lind v. O. N. Johnson Co.Supreme Court of Minnesota · 1938
- Finch v. KentMontana Supreme Court · 1900
- Rose v. DunkleeColorado Court of Appeals · 1899
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