Olmstead v. Latimer
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Dwight H. Olmstead, as trustee, against Frederick B. Latimer, Brainard G. Latimer, and Henry A. Latimer, to foreclose a mortgage on property in the city of Brooklyn, executed by John Gr. Latimer, deceased, and to charge defendants, as heirs at law of the mortgagor, for any deficiency which might arise on the sale to the extent of the value of the real estate of the mortgagor which descended to them.
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Appeal from special term, Kings county. Action by Dwight H. Olmstead, as trustee, against Frederick B. Latimer, Brainard G. Latimer, and Henry A. Latimer, to foreclose a mortgage on property in the city of Brooklyn, executed by John Gr. Latimer, deceased, and to charge defendants, as heirs at law of the mortgagor, for any deficiency which might arise on the sale to the extent of the value of the real estate of the mortgagor which descended to them. The trial judge gave judgment of foreclosure and sale, holding defendant Frederick B. Latimer to be liable for 16-75 of any deficiency that might…
1Opinion of the CourtCullen, J.
—In August, 1878, one John G. Latimer executed his bond, with a mortgage on a lot and building on Atlantic street, Brooklyn, to secure the sum of $18,000, borrowed by him. The plaintiff subsequently acquired that bond and mortgage. In 1884, Latimer died intestate, seised of the mortgaged premises, leaving a widow and four brothers (the three defendants and one James D. Latimer) his only heirs at law. Letters of administration were issued on the estate of John G. Latimer, and upon the settlement of the estate it appeared that the personal estate was exhausted by the payment of the debts and…
2Cases cited7 opinions
- Mercer County v. HacketSupreme Court of the United States · 1864
- Claim of Wilbur v. Estate of WarrenNew York Court of Appeals · 1887
- Johnson v. CorbettNew York Court of Chancery · 1844
- Hauselt v. . PattersonNew York Court of Appeals · 1891
- Wadsworth v. . LyonNew York Court of Appeals · 1883
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