White v. Glennon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph H. Glennon, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Otsego on the 13th day of September, 1915, discontinuing this action and vacating the lis pendens heretofore filed upon payment by the plaintiff to the defendant of the costs of the action.
1Opinion of the Court
Lyon, J.:
This action was brought for the foreclosure of a purchase-money mortgage given by the defendant to Milton W. Hazelton for $6,709.85 covering real property situated in the city of Oneonta, M". T. The answer set up three counterclaims aggregating about $13,000. As the first counterclaim the defendant alleges that said Hazelton, in September, 1913, and prior to being adjudged incompetent, conveyed to the defendant the mortgaged property by deed containing covenants of warranty and of quiet enjoyment, “ Subject to such rights as one Lloyd Spencer may have, if any, under a lease made by…
2Cases cited1 opinion
- Glennon v. SpencerAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- Landsman v. LandsmanAppellate Division of the Supreme Court of the State of New York · 1951
- White v. GlennonAppellate Division of the Supreme Court of the State of New York · 1916