Sleight v. Read
New York Supreme Court
This was an appeal from a decision made by Justice Roosevelt, at a special term, on exceptions to the report of a referee, in respect to the surplus moneys arising from the sale of mortgaged premises. The appeal was by Henry Whinfield, who was not a party in the suit, but who claimed a lien upon the surplus moneys as the assignee of certain judgments, recovered by John B. Vail against the husbands of two of the daughters of the mortgagor.
1Opinion of the Court
By the Court, Clerke, J.
Cornelius Read, who was the mortgagor of the premises foreclosed in this action, died intestate, April 80,1849, leaving a widow, one son and two daughters. The daughters are, Mrs. Bishop, wife of Joseph Bishop, and Mrs. Alexander, wife of John Alexander; both were of age at the time of their father’s death, and both were married in 1846 or 1847. There is issue of the marriage of Mr. and Mrs. Bishop, but none of that of Mr. and Mrs. Alexander. John B. Vail recovered a judgment against Bishop, April 16,1849, for $380.79, and another against Alexander, Nov. 17, 1848, for…
2Cases cited1 opinion
- Udall v. KenneyNew York Supreme Court · 1824
3Cited by12 opinions
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Billings v. BakerNew York Supreme Court · 1858
- Hill v. ChambersMichigan Supreme Court · 1874
- Clark v. ClarkNew York Supreme Court · 1857
- Boyd v. HarrisonSupreme Court of Alabama · 1860
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