Northrup v. Wheeler
New York Supreme Court
Action to redeem mortgaged premises from a foreclosure by advertisement, by plaintiff, who was not served with notice; she being, at the time of such foreclosure, the wife of a grantee of a portion of the mortgaged premises, who has since died.
1Opinion of the CourtBoardman, J.
—The plaintiff’s right-to recover in this action is founded upon the conceded facts, that she, being the wife of Nelson W. Northrup, the owner in fee of a portion of the mortgaged premises, was not served with notice of foreclosure of the mortgage, and whereby her equity of redemption still exists; that, by the death of her husband, she is entitled to redeem said premises from the mortgage and possess her dower therein.
The only answer to such claim, is that it was not necessary to serve any notice on the wife ; that service upon the husband was sufficient, and that the proceedings having…
2Cases cited5 opinions
- Brown v. . NicholsNew York Court of Appeals · 1870
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Mills v. Van VoorhisNew York Supreme Court · 1856
- Wheeler v. MorrisThe Superior Court of New York City · 1858
- Foote v. LathropNew York Supreme Court · 1869