Vanderpoel v. Van Allen
New York Supreme Court
This action was brought to foreclose a mortgage, executed by the defendant, Reuben Van Allen, and wife, and Gilbert R. Van Allen, upon premises at Salisbury Mills. There were two water privileges on the premises, with dams; connected with the one of which was a paper mill and saw mill, and with the other a cotton factory. Powell, Ramsdell and Moore were the only defendants who appeared. They were made parties as judgment creditors of the mortgagors.
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This action was brought to foreclose a mortgage, executed by the defendant, Reuben Van Allen, and wife, and Gilbert R. Van Allen, upon premises at Salisbury Mills. There were two water privileges on the premises, with dams; connected with the one of which was a paper mill and saw mill, and with the other a cotton factory. Powell, Ramsdell and Moore were the only defendants who appeared. They were made parties as judgment creditors of the mortgagors. At the time of commencing the ' 'tion. they had levied upon the machinery in the cotton-factory and other inuw, ’’aiming a right to sell it under…
1Opinion of the CourtBrown, J.
The plaintiff claims the articles of property mentioned in the pleadings in this cause as fixture, under his mortgage of the realty; and the defendants, Powell, Ramsdell & Moore, claim to hold them as chattels, under the execution issued to the sheriff of Orange county, and their chattel mortgage. The plaintiff’s mortgage was executed and recorded some time anterior to the mortgage, or the issuing of the execution of the defendants, and it describes the premises in the usual manner, by metes and bounds, as the piece of land in Blooming Grove, on which the cotton-mill and bleach-house stands,…
2Cases cited3 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
3Cited by9 opinions
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- Potter v. . CromwellNew York Court of Appeals · 1869
- Murdock v. . GiffordNew York Court of Appeals · 1858
- Eaves v. EstesSupreme Court of Kansas · 1872
- Voorhies v. McGinnisNew York Supreme Court · 1865
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