Revoir v. Barton
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Betsey Revoir against Florence A. Barton and Anna L. Barton to foreclose a mortgage on certain real estate. From a judgment for plaintiff, defendants appeal.
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Appeal from circuit court, Onondaga county. Action by Betsey Revoir against Florence A. Barton and Anna L. Barton to foreclose a mortgage on certain real estate. From a judgment for plaintiff, defendants appeal. The action is for the foreclosure of a mortgage dated October 20, 1890, given by the defendants to the plaintiff to secure the payment of the sum of $4,250, payable $1,000 one year from date thereof, and $1,000 each and every year thereafter, until the principal was fully paid, with interest from January 1, 1891, payable annually, on all sums remaining unpaid. It also contained a…
1Opinion of the CourtMerwin, J.
On the 14th October, 1890, the plaintiff was the owner of the premises described in the complaint, upon which there was a mortgage to the Syracuse Savings Bank for $4,750. At *986that date she and the defendants entered into a written agreement by which the plaintiff agreed to sell and convey the said premises to the defendants for the price of $10,000. For payment of this sum the defendants were to assume the mortgage of $4,750, pay the sum of $1,000 on the delivery of a good and sufficient warranty deed accompanied by an abstract of title showing the premises free and clear of all incumbrances…
2Cases cited3 opinions
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Dekay v. . BlissNew York Court of Appeals · 1890
- Mutual Life Insurance v. CranwellNew York Supreme Court · 1890