Gans v. . Thieme
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made October 5, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made October 5, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought against defendants, the children and devisees, under the will of Herman Thieme, deceased, and against the German Savings Bank of Brooklyn, to have a satisfaction-piece executed by said bank of a mortgage upon a certain lot of which Thieme died seized, canceled and vacated, and to compel the bank to assign the mortgage and accompanying bond to…
1Opinion of the CourtDanforth, J.
So tar as material upon this appeal the facts are that one Herman Thieme (deceased) was at the time of his death the owner of certain land, now described as lots A and B, subject to a mortgage of $2,000 to the German Savings Bank, which he was personally bound to pay. He left surviving a widow and several children, and by his will appointed his widow, Margaretha Thieme, and one Mathias J. Petry his executors. They conveyed lot “ B ” to one Oexle; the bank released it from the mortgage and loaned to Oexle $3,000 upon a mortgage executed by him on the same lot. He then conveyed lot B to Mrs.…
2Cases cited5 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Sanford v. McLeanNew York Court of Chancery · 1831
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Wilkes v. . HarperNew York Court of Appeals · 1848
- Wilkes v. HarperNew York Court of Chancery · 1847
3Cited by59 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Murray v. . MarshallNew York Court of Appeals · 1884
- Acer v. . HotchkissNew York Court of Appeals · 1884
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
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