Erie County Savings Bank v. . Roop
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, affirming a judgment in favor of plaintiff entered on the report of a referee. The action is for the foreclosure, of a mortgage made by Franklin K. Sherwood to the plaintiff, in April, 1855, to secure the payment of $1,200, with interest, on the undivided share of the mortgagor in land situated in Buffalo.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, affirming a judgment in favor of plaintiff entered on the report of a referee. The action is for the foreclosure, of a mortgage made by Franklin K. Sherwood to the plaintiff, in April, 1855, to secure the payment of $1,200, with interest, on the undivided share of the mortgagor in land situated in Buffalo. The principal contest is between the defendants, Henry Roop and William C. Sherwood, who are the owners of the equity of redemption. These defendants answered the complaint by separate answers, and the…
1Opinion of the Court
Leonabd, C.
The referee has charged the amount due on the mortgage in suit, at the date of the conveyance from Merrill B. Sherwood to the defendant Roop, equally upon the parcels of land owned by Roop and William C. Sherwood. This has been done upon the principle of estoppel in pais, or deceit. The case shows, even more plainly than the statement of the referee in his findings of fact, that Roop was acting upon the belief that he and William C. Sherwood were liable for the payment of the said mortgage in equal shares, and that their respective parcels of land were chargeable in the same…
2Cases cited2 opinions
- Jumel v. JumelNew York Court of Chancery · 1839
- Rathbone v. ClarkNew York Court of Chancery · 1842
3Cited by7 opinions
- Haviland v. . WilletsNew York Court of Appeals · 1894
- Parmely v. ShowdyNew York Supreme Court · 1914
- Vellum v. DemerleNew York Supreme Court · 1892
- H. Krantz Manufacturing Co. v. Gould Storage Battery Co.Appellate Division of the Supreme Court of the State of New York · 1903
- In re the Judicial Settlement of the Intermediate Account of SaundersAppellate Division of the Supreme Court of the State of New York · 1908
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